A lawyer has advised Perikatan Nasional (PN) to reject a proposed memorandum of understanding (MoU) that would impose conditions on the coalition's MPs for equal allocations for their constituencies.

Rafique Rashid said "unusual conditions" which are reportedly part of a draft MoU submitted to the PN leadership for consideration recently, would only restrict opposition MPs from carrying out their duties as elected representatives.

He cited conditions such as requiring PN MPs to declare assets, something normally demanded of those in power and not opposition politicians.

In addition, the draft MoU would require opposition MPs not to challenge the position of the prime minister until the end of the current parliamentary term and to pledge not to speak out on issues that fall under the so-called 3Rs - race, religion and royalty.

Rafique said these conditions would prevent MPs from standing up for the people.

"With restrictions like the 3Rs, how can the opposition speak up for the welfare of the Malays or the Islamic religious schools?" he asked, adding that the definition of 3Rs had been misinterpreted in the past.

PN said it would study the terms of the draft MoU prepared by the government last month.

The coalition's chief whip Takiyuddin Hassan said a decision will be made before the next Dewan Rakyat sitting in October.

Rafique said PN should make it clear to the government that equal allocation is the right of MPs and the constituencies they represent.

Veteran analyst Ahmad Atory Hussain said the conditions proposed by the government were against parliamentary democracy and freedom of speech.

"The ban on 3Rs is too extreme," he told MalaysiaNow.

"Apart from that, it is totally undemocratic and unconstitutional not to allow any challenge to the prime minister's office until the next general election."

Rafique said the prime minister's position is set out in Article 43 (4) of the constitution, which states that he must either resign or call a fresh election if he loses the support of the majority of MPs.

Government leaders have often cited the agreement signed in 2021 between then-prime minister Ismail Sabri Yaakob and Pakatan Harapan, then the opposition, that ensured the government's survival in return for fulfilling several conditions, including the passage of a law banning MPs from switching parties.

However, critics said that the agreement under Ismail's government served to prevent the collapse of the government amid the Covid-19 pandemic, and that it was not suitable in the current situation where the government claims to have achieved a two-thirds majority.

Rafique said allocations to MPs should be made by default as they are meant for the people and not for politicians or their parties.

"Allocations should be distributed to all elected representatives without conditions.

"There is no law that requires an MoU with conditions imposed," he added.

However, Universiti Teknologi Malaysia (UTM)'s Mazlan Ali disagreed that opposition MPs automatically get allocations under Malaysia's parliamentary system.

He said it was customary for the government to channel all allocations and expenses through its agencies.

He said Ismail had taken a different approach when he offered to sign a confidence and supply agreement with the opposition, adding that such agreements were common in democracies where conditions are set between rival parties.

"They (PN) cannot insist that they get the allocations without any conditions. This does not happen in any democracy, not even in developed countries," he said.

Mazlan rejected claims that the conditions imposed by the government were unusual and defended the move to make opposition MPs disclose their assets.

He also welcomed the ban on 3Rs, adding that it should also be extended to ruling MPs.

"It would be better if the PN came up with a 'counter-proposal' to the coalition government," he added.

https://www.malaysianow.com/news/2024/09/10/reject-governments-draft-mou-on-equal-allocation-pn-told