Monday, April 29, 2013

GE 13: What will happen on 6th May if Pakatan Rakyat Wins?

Just six days to go before we will be heading to polling center to fulfill of our obligation to vote for the next government.

Even just six days and i could feel the anticipation and the strong wind of change is just brewing in the air. In 2008, they called it political tsunami - in this coming election,Pakatan Rakyat already named their impending  winning as 'Malaysian Spring'.

So what are the news lately that boosting the momentum of Pakatan Rakyat to capture Putrajaya?

Tan Sri Musa Hassan, Federal Police Chief has joint Pakatan Rakyat's security advisory council along with retired army chief General Tan Sri Md Hashim Hussien that oversees the campaign period is free of violence and ensure the smooth transition of the new government (if any). According to Pusat Kajian Demokrasi dan Pilihan Raya Universiti Malaya UMCEDEL poll, Anwar is leading with 43 % over Najib 39%. And my Facebook is flooded with Pakatan Rakyat this and that and poor Barisan Nasional, they are criticized vehemently.

Well, the above scenario coupled with large turnout at ceramahs by Pakatan Rakat won't guarantee they will win in GE 13.

Anyhow, what will happen if Pakatan Rakyat really wins? Will there be any jubilation nationwide or chaotic as the losing party couldn't cope with the lose?

I know Barisan Nasional has always been the fearmonger claiming that if you choose stability, choose Barisan Nasional, if you want chaos, just cross Pakatan Rakyat.Some even say the repeat of May 13 racial clash if Pakatan Rakyat wins.

Seriously, they still stuck in the 1960's. They didn't realize the one who vote BN out would be Malay majority. I know you guys out there are tricked by BN that a vote for Pakatan Rakyat is a vote for instability and havoc. Sounds like extortion right?

Let me ask you this, why you have to be scared by choosing the party that you want? Why you need to be feared to exercise your freedom to choose and exercising your basic right of democracy? Please don't be.

And look, our King has the exclusive jurisdiction to choose the new Prime Minister that chosen by the people - no one can defy the King. And the police, well, the old boss is resigning and the new boss is coming, who do you think they will side? Ops sorry, i withdraw my words, i believe police will be apolitical to ensure the smooth transition. And don't you think BN will be so stupid to ruin their own GLCs by creating havoc? Don't forget we have the Pakatan Rakyat's security council too.

So what will really happen on 6th May 2013 if Pakatan Rakyat wins?

According to Tommy Thomas, a constitutional lawyer in the The Nut Graph exclusive interview (excerpt of the interview):

TNG: After the elections are over, how does the transfer of power happen should a new government be voted in?
We can expect the Yang di-Pertuan Agong and his palace advisers to be following the results of the general election like the rest of Malaysia. Once the results are confirmed that the PR has won the elections, say, sometime in the night on 5 May, the palace will have to invite caretaker Prime Minister Datuk Seri Najib Razak for an audience with the Agong to tender his resignation. This can take place as early as the morning of 6 May. He must tender his resignation to the Agong in the palace because until he does so, there is no vacancy for the Agong to appoint a new prime minister.

At the same time, the palace will also invite Anwar to have an audience with the monarch on the same morning, after Najib has left. The Agong will then invite Anwar to be the new prime minister and to form a new government. Anwar will then be sworn in in a ceremony steeped in Malay tradition, which will be broadcasted live on TV, as in the past.

The convention is that the monarch has to invite the person who, in his judgement, commands the confidence of the majority of the Dewan Rakyat, for an audience on the morning after the polls. Politicians and their supporters cannot simply turn up at the palace without such an invitation.

What are some of the conventions that will ensure a seamless and peaceful transfer of power?
The transfer of power must be carried out by independent state agencies and civil servants. These would include all the top civil servants at the federal level, the secretary to the government, all ministry secretary-generals, the police, the armed forces, and the palace administration.  They are all meant to be neutral. They must respect the will of the people at the polls.

For example, if it is apparent that the PR is winning, you would expect the police to have contingency plans to ferry Anwar to the palace and provide him with protection because he would be the prime minister-in-waiting.

The same process is replicated at the state level with regard to the chief minister or menteri besar’s position. This is because all our state constitutions are written in nearly the same way as the Federal Constitution with regard to the appointment of the head of government by the Agong, sultan or governor.

What happens in the event of a hung Parliament, or state assembly?
At the federal level, as caretaker prime minister, Najib can remain temporarily in office. If he doesn’t resign, the Agong cannot appoint a new prime minister.

Over the next several days after the polls, both coalitions will try to strengthen their respective numbers in the Dewan Rakyat through crossovers and coalition building.  Throughout this period, the Agong should not participate, directly or indirectly, in this process. The monarch must let the politicians sort things out themselves so that he cannot be accused of taking sides. The palace must be seen to be above party politics.
At some point after all the political negotiations have concluded, the leader of one of the coalitions may say, “I have the majority support of the House.” And then the Agong would say, “I need evidence to satisfy myself of the numbers.” This evidence can be letters signed by the elected Members of Parliament (MPs) or the Agong can ask for these MPs to be presented to the palace.

The Agong may also conditionally appoint a new prime minister and direct the premier to call for Parliament to sit as soon as possible – within days – so that a confidence motion for the newly appointed prime minister can be voted on in the Dewan Rakyat. If the vote fails, the Agong must appoint somebody else and test the matter of confidence again in the House. This could go on for a while.

Before i end my note, i would like to urge all the registered voters out there to go back to your constituency and cast your vote. Your vote can make a difference. Malaysia needs you!

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