The Speaker of the Dewan Rakyat yesterday issued a statement saying that he will not issue a notice for the August House to convene for a special sitting at the request of Mahathir.
Many said that the Speaker was playing politics, and possibly because his son works for the DAP. However, I am in the opinion that the Speaker was right.
Any person who is to become a Minister must first take an oath of office and allegiance and an oath of secrecy in the presence of the Yang di-Pertuan Agong before taking office, as prescribed by Article 43(6) the Federal Constitution.
When Parliament is dissolved, the PM and cabinet remain in office as a caretaker government until a new government is formed and sworn in.
In this case, Mahathir resigned, and the Cabinet automatically resigns with him. His oaths of office, allegiance and secrecy are null and void. He is no longer a Prime Minister. He was appointed as an Interim PM, but there was no swearing-in ceremony. Constitutionally-speaking, he is NOT a Prime Minister.
Therefore, if he is not a PM, he cannot instruct the Speaker of the House to issue a notice to convene for a special sitting when Parliament is in recess according to Rule 11(3) of the Parliamentary Meeting Rules.
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