"... Malaysiakini reported (on 31st March, 2009 ) that Ministers and their deputies had received invitations to attend the swearing-in ceremony of the new prime minister in Istana Negara on Friday.
(And on 1s April 2009,) Bernama reported the Chief Secretary to the Government, Tan Sri Mohd Sidek Hassan, announced today that the Yang di-Pertuan Agong had given his consent for Najib to be sworn in as prime minister at 10am o this coming Friday.
(But as of 5.43pm on 1st April 2009, ) the Agong has NOT as yet been given a letter of resignation by Pak Lah nor has His Majesty consented to Najib’s appointment. ..."
Article 43 (2) (a) of the Federal Constitution:
“The Yang di-Pertuan Agong shall first appoint as Perdana Menteri (Prime Minister) to preside over the Cabinet a member of the House of Representative who in his judgment is likely to command the confidence of the majority of the members of that House."Two observations on this provision.
- First, the power in the appointment of the Prime Minister is the exclusive purview of the Agong and turns on His Majesty having ascertained to HIS satisfaction that the one to be appointed commands the confidence of the majority of the Dewan Rakyat.
- Second, the exercie of this power presupposes that there is then NO sitting Prime Minister.
The day before yesterday, Malaysiakini reported that ‘Ministers and their deputies have today received invitations to attend the swearing-in ceremony of the new prime minister in Istana Negara on Friday’.
Malaysiakini reproduced the following sms that was making its rounds yesterday and reportedly received by a deputy minister.
" Istiadat pengurniaan surat cara perlantikan dan istiadat mengangkat sumpah jawatan dan setia serta sumpah simpan rahsia oleh YAB Dato’ Sri Mohd Najib sebagai PM."
Government Announcement of Agong's Consent BEFORE Sitting Prime Minister's Submission of ResignationYesterday, a Bernama report, carried by most of the MSM and by the Malaysian Insider, , had it that the Chief Secretary to the Government, Tan Sri Mohd Sidek Hassan, announced today that the Yang di-Pertuan Agong had given his consent for Najib to be sworn in as prime minister at 10am o this coming Friday.
- This announcement, in effect, meant that His Majesty had consented to exercise his powers under Article 43(2)(a) this Friday and appoint Najib PM.
- It also meant that His Majesty had duly satisfied himself that Najib was likely to command the confidence of the majority.
- It would, in my view, also suggest that Pak Lah had duly informed His Majesty of his intention to resign from the office of PM.
In other words, the Agong HAS NOT AS YET been given a letter of resignation by Pak Lah, nor has His Majesty consented to Najib’s appointment.
This, now, is confirmed by Tan Sri Mohd Sidek, who has clarified that his statement was issued prematurely. Read about this at Rocky’s.
FROM BERNAMA: NOTE TO EDITORS: APRIL 1What does prematurely mean?
Please ignore item slugged "Agong-Najib" as the office of the Chief Secretary of the Government has said that it had issued the statement prematurely.
- Agong had consented but I was not authorised to announce? Or
- Agong had not as yet consented?
Hidden hands try to force a royal one, fearing that which they wish to see may not come to pass?
Is that not derhaka?
Najib’s swearing-in as PM on Friday - how can when royal consent not yet given for Abdullah’s resignation?
Lim Kit Siang
Excerpts: Read here for more
Datuk Seri Nazri Aziz has confirmed that Cabinet Ministers, Mentris Besar and Chief Ministers have received invitations to attend the swearing-in ceremony of Datuk Seri Najib Razak as the country’s new Prime Minister at Istana Negara on Friday.
This raises the question whether the royal prerogative of the Yang di Pertuan Agong to appoint the next Prime Minister has been overlooked or disregarded when the King is presented with the fait accompli of the swearing-in ceremony for Najib as the new Prime Minister at Istana Negara on Friday when the royal consent for Datuk Seri Abdullah Ahmad Badawi’s resignation has not been given.
In the circumstances, isn’t it presumptuous as well as contempt for the royal prerogative of the Yang di Pertuan Agong to appoint the Prime Minister as provided by the Constitution to schedule the swearing-in ceremony for Najib to become the new Prime Minister at Istana Negara on Friday when the Yang di Pertuan Agong has NOT met Abdullah and given his consent for Abdullah’s resignation?
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