The Malaysian Insight

FORMER prime minister Najib Razak said he was acting within his powers when he removed Muhyiddin Yassin and Mohd Shafie Apdal from his cabinet in 2015, the high court heard today.

Najib, who faces seven criminal charges for misappropriating RM42 million from SRC International, was cross-examined by Attorney-General Tommy Thomas on the scope of the prime minister’s powers.

Asked why he removed Muhyiddin and Shafie, Najib replied it was “because they made statements outside (of the cabinet).”

Muhyiddin was deputy prime minister and Shafie was minister of rural and regional development before they were dropped from the cabinet during a mid-term reshuffle on July 28, 2015.

However, they said they were dropped because they were critical of Najib’s handling of the 1Malaysia Development Bhd scandal.

Muhyiddin is now president of Bersatu, a component party of the Pakatan Harapan (PH) coalition, while Shafie leads Sabah-based Warisan, a PH ally.

During his cross-examination today, during which Najib replied mostly in Bahasa Malaysia, the questions focused mainly on the former prime minister’s understanding of how companies operate and the structure of governance.

Thomas: When I was talking about the power of the prime minister. You, as prime minister, your first task was to form the cabinet of your choice, subject to the Dewan Rakyat or the Senate. Do you agree with that?

Najib: Not entirely free hand, because there were several considerations. They must be members of Parliament and their positions within their parties must be considered. We have a coalition system.

If a person is a party president, you cannot make the person a minister of welfare. Such as (Amanah president) Mat Sabu. He cannot be made welfare minister, therefore he is made defence minister.

The party system does not allow you complete freedom.

Thomas: I accept that. The prime minister, after appointing members to the cabinet, can also fire them.

Of course, you were not shy in exercising that power because in July, 2015, Muhyiddin was fired and Shafie Apdal was fired.

Najib: I was not the first prime minister to do so.

Thomas: That is not my question.

Najib: Yes, but you have to pay the price for it – and I did pay the price for it.

Later, during further cross-examination, the former prime minister added: “I never sacked anyone for disagreeing with me, I sacked them for making statements outside (cabinet meetings) or for failing their ministerial responsibilities. I take offence at that.”

Najib’s charges in the SRC International trial are linked to RM4 billion in loans issued to the entity in 2011 and 2012, for which he is accused of receiving RM42 million in 2014 and 2015.

The 66-year-old accused is represented by lead counsel Muhammad Shafee Abdullah. The trial, before Kuala Lumpur High Court judge Mohd Nazlan Mohd Ghazali, continues. – December 10, 2019.