PRESS STATEMENT – TRANSPARENCY INTERNATIONAL MALAYSIA
For Immediate Release
4 March 2026
Parliamentary Absenteeism Cannot Be Normalised — Accountability Must Match the Gravity of Constitutional Reform Votes
Transparency International Malaysia (TI-M) expresses serious concern over parliamentary absenteeism during votes of major national consequence, following the Dewan Rakyat’s failure to pass the constitutional amendment seeking to limit the tenure of the Prime Minister to ten years.
Constitutional amendments require the support of not less than two-thirds of the total number of Members of the Dewan Rakyat pursuant to Article 159 of the Federal Constitution. When reform proposals of this magnitude fall short, attendance and participation by Members of Parliament (MPs) become matters of constitutional seriousness — not political convenience.
TI-M stresses that this issue is not partisan. Regardless of political affiliation, absence without clear justification during critical votes erodes democratic accountability, undermines institutional reform, and weakens public confidence in Parliament as the nation’s highest law-making institution.
1. Attendance Is a Constitutional Responsibility, Not a Formality
Malaysia’s Federal Constitution recognises that sustained non-attendance is incompatible with the mandate of an elected representative.
Article 52(1) of the Federal Constitution provides that if a Member of either House is absent from every sitting for six months without the leave of the House, the House may declare the seat vacant.
This provision affirms an important constitutional principle: attendance is fundamental to representation. “Leave” is an accountability mechanism — it is neither automatic nor presumed.
While Article 52 addresses chronic absence, its underlying principle applies equally to attendance during votes of exceptional national importance.
2. Parliamentary Legitimacy Depends on Active Participation
Under the Standing Orders of the Dewan Rakyat, parliamentary proceedings depend on quorum requirements.
Pursuant to Standing Order 13(1), the quorum of the House is 26 Members. If attention is drawn to
the lack of quorum, proceedings may be suspended until sufficient Members are present.
Although quorum represents the minimum threshold for proceedings to continue, constitutional
reform demands a higher standard of responsibility. The rakyat cannot be expected to accept
institutional reform processes if elected representatives are absent at decisive moments.
Parliament is not merely a procedural forum — it is the core institution through which democratic
will is expressed.
3. Legitimate Absence Must Be Distinguished from Unexplained Absenteeism
TI-M recognises that Members of Parliament may be absent for legitimate reasons, including:
• Medical emergencies or serious health conditions
• Official parliamentary or government duties
• Urgent constituency matters
• Formal leave granted by the House
However, transparency is essential. The public must be able to distinguish between:
• Absence with approved leave, and
• Absence without explanation during nationally significant proceedings.
Where constitutional amendments or major governance reforms are involved, the margin between
passage and failure may be narrow. In such contexts, unexplained absenteeism carries serious
democratic consequences.
4. Immediate Reforms Are Necessary to Strengthen Attendance Accountability
TI-M calls for practical, rule-based reforms that enhance transparency and restore public confidence:
a) Publish Attendance and Leave Records in a Timely and Standardised Manner
Attendance records should be:
• Published daily during parliamentary sittings
• Clearly categorised (Present / Absent with Leave / Absent without Leave)
• Made publicly accessible within a defined timeframe
Transparency deters misconduct and strengthens democratic oversight.
b) Establish Clear Expectations for “Critical Votes”
Parliament should formally recognise certain categories of votes as requiring heightened attendance
expectations, including:
• Constitutional amendments
• Supply and Budget votes
• Motions of confidence or no confidence
• Structural governance reforms
For such votes, written reasons for absence should be filed and made publicly available
c) Introduce Proportionate Consequences for Unjustified Absenteeism
Consequences must be fair, rule-based, and consistent. Options may include:
• Mandatory public explanations
• Referral to the Committee of Privileges where appropriate
• Structured financial deductions consistent with applicable legal and administrative
frameworks
• Party-level disciplinary measures
Accountability must be predictable — not selective.
d) Apply Article 52(1) Consistently in Cases of Chronic Absence
Where a Member is absent from every sitting for six months without leave, Parliament should treat Article 52(1) as a constitutional safeguard — not a symbolic provision.
The legitimacy of representative democracy depends on active representation.
5. Political Parties Must Uphold Institutional Responsibility
Attendance cannot be treated as optional or delegated entirely to party whips. Political parties have a responsibility to ensure their Members fulfil their legislative mandate. When reforms fail by narrow margins and significant absenteeism is recorded, parties owe the rakyat:
• Clear explanations
• Corrective measures
• Demonstrable commitment to reform integrity
Accountability cannot be outsourced.
TI-M reiterates that parliamentary absenteeism during pivotal national votes cannot be normalised.
Parliament cannot demand public trust while tolerating avoidable non-attendance during decisions that shape the constitutional and governance framework of the nation.
Institutional reform requires more than tabling legislation — it requires elected representatives to discharge their mandate responsibly, transparently, and consistently.
TI-M calls on Parliament to strengthen attendance transparency mechanisms and for all Members of Parliament — government and opposition alike — to demonstrate seriousness in upholding democratic responsibility.
Malaysia’s democratic integrity depends not only on the laws we pass, but on the commitment of those entrusted to pass them.
Issued by:
Raymon Ram
President
Transparency International Malaysia (TI-M)
