Legal circle: Citizens’ Declaration is without statutory implication, hard to topple Najib

 China Press May 11, 2016

(Kuala Lumpur 10 May) The legal fraternity is of the view that the Citizens’ Declaration led by former Prime Minister Tun Dr Mahathir does not have any legal implication. Even if the declaration is to be submitted to Rulers’ Conference, it still fails to compel Prime Minister Datuk Seri Najib from stepping down.

Those being interviewed opine that the only avenue to overturn the Prime Minister is through the legal procedure of casting no confidence motion against the Prime Minister in parliament.

On 4 March this year, Dr Mahathir said leaders from the opposition jointly signed the Citizens’ Declaration to change Prime Minister. After more than two months, 1 million people have since signed the declaration.

Dr Mahathir would be submitting Citizens’ Declaration to Malay Ruler’s Conference requesting the rulers to remove Najib.

Universiti Malaya associate professor of law faculty Azmi Sharom in a phone interview by China Press, says the declaration does not have restraining effect in law. It is pointless even if the declaration is submitted to Rulers’ Conference.

Whether the number of signatures is 1 million or 2 million, the number is only a written representation.

Unless a motion is tabled at the parliament for a no confidence motion against the Prime Minister where majority has supported the motion, the Prime Minister would have to step down.

Zheng Lie Cai, a senior lawyer in constitutional law also says parliament is the only avenue. Otherwise there is no other avenue to change the Prime Minister.

Asked whether intervention of rulers would be possible, Zheng says if the current Prime Minister did not have the royal consent of the rulers, Najib would not been able to take oath as the Prime Minister.

He urges the party involved not to “please themselves and dream on!”

Citizens’ Declaration touches on Malaysia facing serious corruption under Najib’s leadership which includes the 1 MDB and political donation.