The Malaysian Insight

REMOVING Prime Minister Ismail Sabri Yaakob from the Umno hierarchy will not affect his position as leader of the country, according to legal experts.

They said that, as long as Ismail commands a majority in Parliament, he will remain the prime minister.

However, in the event that he is expelled from party, this will have a much more significant impact.

Bar Council Constitutional Law Committee co-chairperson Andrew Khoo said Ismail’s party position will have no bearing on his role as prime minister.

“He does not need to hold a party position in order to be or remain the prime minister,” Khoo told The Malaysian Insight.

“As long as he continues to command the support of a majority of members of the Dewan Rakyat, he can remain in his job.”

Several news portals, quoting sources, yesterday reported that Ismail was given an ultimatum during the Umno political bureau meeting on Wednesday, that he either holds the general election as soon as possible or be ejected from Umno.

The other demands made to Ismail were the removal of the attorney-general; the removal of the chief justice; and obtaining a royal pardon for jailed former prime minister Najib Razak.

He began a 12-year sentence on Tuesday after the Federal Court unanimously ruled his conviction for criminal breach of trust, money laundering and abuse of power in the SRC International Sdn Bhd case was safe.

The Umno political bureau meeting took place the following day.

However, the alleged demands made at the political bureau meeting were disputed by Umno Youth chief Asyraf Wajdi Dusuki, who said it was false reporting, adding that he was going to lodge police reports against the news portals responsible.

Malaysian Centre for Constitutionalism and Human Rights director Fahri Azzat said that, even though Ismail’s position as prime minister would be unaffected, losing his place on the Umno Supreme Council could cost him the support of his party members.

“He may not command their confidence, if the council relieves him of his duties, but it may not be all Umno members who will stop supporting him,” Fahri said.

“He may try to ride it out. The party is split. Umno president Ahmad Zahid Hamidi wants to call for elections, while Ismail’s camp wants to remain and not take any action.

“If he is removed, it comes down to how much support he has but it would put Ismail in a precarious position,” he said.

“In elections, they go by party and it could bring him down (if he is not with Umno).

“However, the component parties will welcome him with open arms and cobble a majority and that will help him.”

Ismail still has options

Prominent lawyer Mohamed Haniff Khatri Abdulla said in the event that Umno takes the most extreme measure and expels Ismail from the party, he will still have options.

“What could happen then is Ismail can still hold the trump card,” Haniff said.

“He can tell the king, when Dr Mahathir Mohamad resigned on February 24, 2020, it was the first time a prime minister had resigned, and there was an exercise to determine who held the majority.

“He can tell the king to repeat the same exercise that also saw him replace Muhyiddin Yassin, or he can ask the king to dissolve parliament.

“There is a third option: Ismail can ask the king to declare a political emergency under Article 150 of the constitution.

“The king will be more than justified in declaring an emergency. In that time, he can do what is necessary to prepare the country for the election.”

While this may cast a bad light on the country, to declare an emergency so soon after Muhyiddin did it in 2020, Haniff said Malaysia is already at its lowest point and this won’t make a difference.

“We are already low in all aspects in the eyes of the world. At least with an emergency, there is sanity in the running of the country.

“We still have one year before parliament is dissolved, the king can always call for parliament to sit during this period as well,” Haniff added. – August 27, 2022.