KUALA LUMPUR, April 5 — Prime Minister Datuk Seri Anwar Ibrahim has openly backed a proposal to cap the Malaysian prime minister’s tenure at two terms or 10 years.
DAP secretary-general Anthony Loke, who mooted the idea at the party’s national congress last week, urged Anwar to push for the reform within the next two years.
To date, only two of Malaysia’s 10 prime ministers have served for more than 10 years: the country’s first prime minister Tunku Abdul Rahman (1955-1969) and Tun Dr Mahathir Mohamad, who holds the record as the longest-serving prime minister with 22 years in office during his first tenure (1981-2003).
An undated photograph shows Datuk Seri Anwar Ibrahim meeting with the late Tunku Abdul Rahman Putra Al-Haj. To date, only two of Malaysia’s 10 prime ministers have served for more than 10 years: the country’s first premier Tunku Abdul Rahman (1955-1969) and Tun Dr Mahathir Mohamad, who holds the record as the longest-serving prime minister with 22 years in office. — Picture from Facebook/Anwar Ibrahim
How did the idea come about?
Setting a two-term limit for the prime minister has long been a pledge of the Pakatan Harapan (PH) coalition.
In December 2019, the PH government led by Dr Mahathir tabled a bill to amend the Federal Constitution and introduce the reform. However, the bill was withdrawn in August 2020 after a unanimous Cabinet decision under Tan Sri Muhyiddin Yassin’s administration.
The proposal resurfaced in September 2021, when then-prime minister Datuk Seri Ismail Sabri Yaakob agreed to introduce a 10-year limit in exchange for opposition support for his government.
A draft Bill was reportedly ready for tabling in February 2022, but it never materialised, as Parliament was dissolved in October that year ahead of the 15th general election.
Anwar’s most recent push was however opposed by Islamist party PAS, with president Tan Sri Abdul Hadi Awang claiming that limiting the prime minister’s tenure “goes against God’s will” since the post should not be “a temporary position to be passed around”.
This was despite PAS previously supporting a similar proposal back in 1999 when it was part of the Barisan Alternatif coalition.
Experts believe capping the prime minister’s term would not require the consent of the Conference of Rulers. — Picture by Hari Anggara.
What is the constitutional process?
Legal experts say implementing a two-term limit will require an amendment to Article 43 of the Federal Constitution.
Article 43(2)(a) states that the Yang di-Pertuan Agong shall appoint as prime minister a member of the House of Representatives who, in his judgment, commands the confidence of the majority in the House.
In the 2019 draft bill, the PH government sought to add an additional criterion: “…who has not at any time held the office of PM for two terms at Parliament.”
Prof Dr Nik Ahmad Kamal Nik Mahmood, a law expert from Multimedia University, said the amendment would require a two-thirds majority in the Dewan Rakyat.
Meanwhile, constitutional lawyer Bastian Pius Vendargon said it would also need the consent of the Yang di-Pertuan Agong, as well as a two-thirds majority in both the Dewan Rakyat and Dewan Negara.
However, both experts agreed that the amendment would not require the consent of the Conference of Rulers since it does not affect their rights or privileges.
“Article 38(2)(c) of the Federal Constitution allows the Conference of Rulers to deliberate on laws and policy matters, but this is different from requiring their consent.
“Their approval is only necessary for certain categories of legislation, such as citizenship rights,” Bastian said.
In Asean, both Thailand and Indonesia have already capped the terms of their prime ministers. — Bernama pic
Countries with term limits for top office
In the United States, the president can only serve a maximum of two four-year terms. This was introduced under the 22nd Amendment to the US Constitution, which came into effect six years after the country’s longest-serving president, Franklin D. Roosevelt, died in 1945 after 13 years in office.
Closer to home, Thailand, Indonesia, and the Philippines also have term limits.
In Thailand, a prime minister can only serve a maximum of eight years, whether consecutively or non-consecutively. This was implemented in the country’s 2017 Constitution.
Indonesia limits both its president and vice-president to two five-year terms, or 10 years. Prior to capping the presidential term limit in 1999, Indonesia was ruled by only two leaders — President Sukarno and General Suharto — for over 50 years.
The Philippines enforces an even stricter rule, capping the presidency at a single six-year term. The restriction was introduced in 1987, following the downfall of Ferdinand Marcos, who ruled the country for 20 years.
