FOLLOWING the dissolution of Parliament today, the country will be governed by an interim Government that will carry out all Government matters.
Constitutional expert Assoc Prof Dr Muhammad Fathi Yusof said that based on constitutional conventions, the caretaker Government will run the country from today until the establishment of a new Government after the polls are concluded.
The Universiti Teknologi Malaysia (UTM) law and policy lecturer added that no formality is required for the formation of the interim Government as it was formed on its own as soon as Parliament is dissolved.
“In Malaysia, we don’t have written guidelines. But we should adopt the practice of constitutional conventions in line with the parliamentary democratic system, (albeit) with certain restrictions,” he told Bernama.
However, there are certain restrictions on the powers of the caretaker Government, whose role is limited to basic administrative roles to ensure the smooth running of Government affairs.
Muhammad Fathi also noted that the caretaker prime minister and Cabinet members are not allowed to make major policy decisions that may lead to a new Government, make appointments to important positions or decide on contracts or commitments that have a major impact.
Besides that, the interim Government is not allowed to use Government funds and machinery for political advertisements during the period of campaigning in the general election.
Elaborating on this, National Professors Council member Prof Dr Nik Ahmad Kamal Nik Mahmood said the main principle of the Federal Government is that no expenditure can be made if it is not approved by Parliament.
The former International Islamic University of Malaysia (UIAM) law lecturer added that the prime minister who heads such an interim Government should not appoint assistants because the Government can run with the support and assistance of civil servants under the Chief Secretary to the Government.
Asked about the duration of the interim Government’s mandate, Nik Ahmad Kamal said there is a view that says the interim Government will still function as long as no new Government is appointed.
Another school of thought holds the view that the interim Government ends on polling day.
“I am more inclined to the first opinion because the Government machinery should continue to function during election day and after that until a new Government is appointed with the prime minister sworn in,” he said.
The question about when Parliament will be dissolved to make way for the 15th General Elections (GE15) was answered today after outgoing prime minister Datuk Seri Ismail Sabri announced the dissolution of Parliament effective today. – Oct 10, 2022
