Let constitution resolve the Anwar-Zahid political ambiguity

The ongoing public disagreements between Prime Minister Anwar Ibrahim and Deputy Prime Minister Ahmad Zahid Hamidi demand a clear resolution. While disagreements within a coalition government are not improper, Zahid's role as Deputy Prime Minister and a Cabinet member carries collective responsibility. If Zahid no longer agrees with the government's direction, he should consider relinquishing his executive positions.

Conversely, if Anwar believes Zahid cannot effectively remain in his administration, the prime minister must be prepared to act. The Federal Constitution outlines a clear procedure. Article 43(3) mandates collective Cabinet responsibility, while Article 43(5) addresses ministerial tenure, allowing for resignation under the Yang di-Pertuan Agong's advice.

This removal would affect Zahid's executive role but not his parliamentary seat. However, political disagreement or public criticism does not necessarily equate to a loss of confidence in the Constitution, nor does it compel a minister to resign simply for publicly disagreeing with the prime minister. The crucial factor is whether Anwar's majority in the Dewan Rakyat is threatened.

If Umno continues to support Anwar, the government may persist as long as the prime minister retains the majority's confidence. Should Umno withdraw its support, and Anwar lose the confidence of the majority, Article 43(4) obliges the prime minister to resign the Cabinet unless a dissolution is requested by Parliament, which then falls under the Yang di-Pertuan Agong's discretion under Article 40(2)(b).

The ultimate question is whether Anwar maintains the confidence of the Dewan Rakyat. If Zahid feels the government's direction is no longer supportable within the Cabinet, he should consider stepping down from executive office. If Anwar believes Zahid's position hinders his continued service, he should demonstrate the courage to make that decision, allowing Umno to clearly express its support for Anwar's government.

This is not an invitation to instability but a demand for clarity and accountability. Zahid must decide on his role within the government, while Anwar must decide whether Zahid should remain in his Cabinet. Consequently, Umno and the parliamentary numbers will reveal themselves. Malaysia should not remain entangled in prolonged political uncertainty.

Selvam Shanmugam, an advocate and solicitor at the High Court of Malaya, presents these views and does not necessarily represent FMT.