Written by: Averroes
As part of the Common Law countries, we have both the Supreme Law of the land, the Federal Constitution and the Conventions deriving it. Though, contrasting between the both, the former has a legal entity and effect while the latter is for those persons within the political landscape to decide within themselves. By convention, a minister must be in unison with the views and perspectives of his allies in the Parliament or outside in the pursuit of administration and related engineering of the country. Conventionally, there is no constitutional evidence for Deputy Prime Minister in the Federal Constitution nor does it state that a woman or non-Malays cannot accede to become the Prime Minister.
It has been a long practice in other Common Law countries and in Malaysia, we shall uncover what is the Shadow Cabinet or "Kabinet Bayangan" which politicians and certain individuals have raised. As of Malaysia, a news article by The Straits Times on 27th of September, 2018 which was a months after the 18th May GE-14 states that Malaysia, for the first time in history has a Shadow Cabinet. It includes four Malaysian opposition parties whom will serve as a check and balance on the policies implemented by the old Pakatan Harapan coalition. The group (the Shadow Cabinet) adopted a portfolio committee system with at least two, (2) MPS to probe each government ministry. Though, the PH government had harangued such endeavour.
Dr Wan Azizah Wan Ismal also announced a row of 19 MPs to form a Shadow Cabinet without a given name. Though, it is quite interesting to investigate why previous Shadow Cabinet never materialized, does it provide for a more cogent platform for check or balance by incorporating all parties based on competency and diversity as well as why does it only involve one party instead as the whole Pakatan Harapan Coalition?
According to Fahmi Fadzli, there are some drawbacks from this institution as there is great difficulty to reach a mutual understanding, MPs change their stances and the voting trends do change as time moves on. This Shadow Cabinet exists informally which only operates without a clear distinction and does not receive as much attention unless given the recognition formally through legal means.
There is no legal constitutional evidence or written proof of its existence, though it is said to be a convention. It is neither found in the Federal Constitution nor the Standing Orders of the Dewan Rakyat. Thus, its absence may weaken the accountability and credibility of the ruling government and become immune from any criticisms. In countries such as England, New Zealand, Canada and Australia have their own Shadow Cabinet consisting of the opposition known as, Her Majesty's Loyal Opposition. They are even given allowances and adequate estimation of rights for them to perform their tasks and responsibilities to review over the decision of the government. Not only that, a representative may also tweak their advocacy and participation rate as a possible future Minister.
Thus, the Shadow Cabinet will be fabricated under the goal of being a observer of policy formulation and to create their own alternative policies as well to rival with the Ruling Coalition. One example was that the former Youth and Sports Minister, Khairy Jamaluddin holds the finance portfolio with the task of drafting another form of the Malaysian Budget. He further comments that with the Shadow Cabinet, the Parliament will proceed with institutional reforms with the select committees. Ahmad Zahid Hamidi, who was the former Deputy Prime Minister leads the portfolio to deal with issues in regards to the Prime Minister's Department.
More examples include, former Defence Minister Hishamuddin Hussein as part of Defence Portfolio, former Deputy Foreign Minister, Reezal Merican Naina Merican for the Foreign Affairs and Mahadzir Khalid, former education Minister on the Education Portfolio.
The earliest, informal existence of the Shadow Cabinet, (though it was not called as such back then or intended to be) in Malaysia was when Lim Kit Siang became the leader of opposition in parliament and designated speakers to discuss on their respective assigned portfolios of the ministries which evinces the efficiency of discourse and debates between the Members of Parliament. After the GE-12 in the year of 2008, a new coalition styled as Pakatan Rakyat formed the "Jawatankuasa-jawatankuasa Parlimen." that is the Parliamentary Committees that is similar to the functions of a Shadow Cabinet. Their formation was criticized as it lacked any progress or successful outcomes.
This is because, there is no special imitative or fundamental ground to recognize such Cabinet as it is not constitutionally enshrined and that there is a limite amount of funding to be allocated for such institution. In the end, the Parliamentary Committee was dissolved.
To conclude, the process of having a Shadow Cabinet needs to be reviewed and the awareness of the possibility of installing such institution in our country should be known the general public first before deciding to formally establish it. There needs to be clearer explanation and the methods, including the legal framework or procedures when this institution were to betide. As for now, educating the people and conducting more research and review on this institution is highly encouraged should be prioritized before any eventual recognition.
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