KUALA LUMPUR: Perikatan Nasional Youth has lodged a police report against the unity government, saying that the memorandum of understanding (MoU) among the coalition partners is "unconstitutional".
PN Youth chief Ahmad Fadhli Shaari said the agreement was not a collaboration, but an illegal pact that harms parliamentary democracy.
"The cumulative effect of the provisions of the MoU requires all members of parliament from Pakatan Harapan, Barisan Nasional, Gabungan Parti Sarawak, Gabungan Rakyat Sabah and Warisan to vote based on the way intended by ( Datuk Seri) Anwar Ibrahim so that he could get adequate support to continue becoming prime minister.
"This MoU is illegal and against the law since it is restrictive and is an affront to parliamentary democracy, which is the basic principle of the Malaysian government based on the constitutional monarchy," he said in a statement.
Fadhli, who is Pasir Mas MP, said the MoU violates Article 10 of the Federal Constitution, which guarantees freedom of speech, association and assembly.
He said the agreement was against Article 43 (a) of the Federal Constitution, which required the prime minister to gain the support of the majority of MPs and not through an MoU which deprived MPs their freedom to vote according to their conscience.
"Therefore, PN Youth believes that this MoU is illegal and invalid, based on Sections 24 and 25 of the Contract Act 1950, since its objective is to damage parliamentary democracy, and this clashes with public policies and is not permissible under the law.
"We filed this report to stop the acts of the leaders from PH, BN, GPS, GRS and Warisan in depriving the basic rights of MPs guaranteed under the Federal Constitution."
The police report was lodged by the Pas leader at the Dang Wangi police station along with Bersatu Youth chief Wan Ahmad Fayhsal Wan Ahmad Kamal, who is Machang MP.
According to the MoU, MPs who fail to adhere to party instructions and vote against the prime minister or the government will be deemed to have resigned as an MP.
This was among the contents of the MoU signed by leaders of the unity government's coalitions and parties, comprising PH, BN, GPS, GRS and Warisan.
The MoU stated that should MPs from the coalitions and parties go against party lines, their seats would be vacated, as per Article 49A(1) of the Federal Constitution.