KUALA LUMPUR, Nov 12 - A legal poser has cropped up regarding the Umno deputy presidential race in next March's elections.
Umno is the dominant party within the Barisan Nasional coalition and that is why its senior office bearers routinely occupy senior government positions.
Indeed, since independence in 1957, Umno's president has always been the prime minister as the Constitution stipulates that the King "shall appoint" an elected parliamentarian whom he believes has the confidence of a majority of MPs as the country's prime minister.
The position of deputy prime minister is, however, not spelt out in the Constitution but has gone to Umno's deputy president by convention and tradition since independence.
Therein lies the rub. Three candidates qualified for the deputy presidential race after all nominations closed last Sunday. The three are International Trade Minister Muhyiddin Yassin; Malacca Chief Minister Ali Rustam, and Regional Development Minister Muhammad Muhammad Taib.
But only Muhyiddin is an elected Member of Parliament. Muhammad, a senator, wasn't fielded in the general election, while Ali is an elected member of Malacca's state legislative assembly.
Some analysts consider this a problem if either Ali or Muhammad wins the election, he will become, by convention, deputy prime minister and a heartbeat away from the premiership. He will also act as premier andchair Cabinet meetings in the absence of the prime minister.
"There is no legal prohibition against both men contesting as, strictly speaking, this is about an election in Umno," said lawyer Tommy Thomas. "But it is unsatisfactory that he is not an elected MP when he is deputypremier and steps should be taken for him to contest a by-election."
Indeed, Thomas said that there was a British precedent to go by. In 1963, for example, the Queen appointed Lord Alec Douglas Hume as prime minister while he was a member of the House of Lords. Lord Hume renounced his peerage and contested a by-election and duly became prime minister as a member of the House of Commons.
Even so, most analysts do not think that will be necessary as most expect Muhyiddin to win comfortably. Both Ali and Muhammad do not have his experience in government. Neither are they proficient in English butthat is a factor that may not quite count in a nationalistic party like Umno.
One thing that could hurt Muhyiddin is the length of the campaign period as the election is still five months away and the resources of the challengers are said to be formidable.
Another is Prime Minister Abdullah Ahmad Badawi's open dislike of Muhyiddin which could cost him votes among Abdullah's supporters. Muhyiddin was one of the first senior Umno leaders to call for Abdullah's resignation.
Much will depend on who deputy premier Najib Razak backs. Najib has yet to show his hand: recently, his Pekan division chose not to nominate anyone for the post of deputy president. Some of his allies, however,maintain that he will quietly back Muhyiddin as the race draws nearer. - Business Times Singapore -- TMI
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