The Malaysian Insight

MUHYIDDIN Yassin’s new role as the caretaker prime minister is to ensure the country’s day-to-day operations continue without disruption, legal experts said.

They said the Pagoh MP will have very limited powers, which will not allow him to make major changes or major appointments.

Former Malaysian Bar president Kuthubul Zaman Bukhari said Muhyiddin’s job is just to ensure the workings of the government continue until a new prime minister is appointed pursuant to the federal constitution.

Human rights lawyer Firdaus Husni said Muhyiddin’s powers are generally restricted to short-term policies or matters requiring urgent decisions.

“A caretaker prime minister is installed to run the government only until a new prime minister is appointed,” Firdaus said.

“The federal constitution does not provide for a caretaker government, but there should not be any major decisions or even major appointments made during the interim period.

“He needs to ensure the day-to-day running of the government continues without disruption,” he said.

Istana Negara in a statement today said Muhyiddin will be the caretaker prime minister following his resignation.

Comptroller of the Royal Household Ahmad Fadil Shamsuddin said Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah further felt that fresh polls should not be held due to the high number of Covid-19 cases.

Muhyiddin had a 30-minute audience with the king at 12.30pm, during which he tendered his and the cabinet’s resignation with immediate effect.

The king had asked Muhyiddin to remain in a caretaker capacity until he decides on who enjoys the majority support among lawmakers to become the next prime minister.

Meanwhile, legal expert and president of the National Human Rights Society Gurdial Singh Nijar said as caretaker prime minister, Muhyiddin is not allowed to make extraordinary expenditures.

Gurdial’s view is shared by Malaysian Bar’s constitutional law committee chairman Andrew Khoo, who said a caretaker government is a temporary or ad hoc administration that performs some nominal governmental functions.

“A caretaker government is very limited in its function. It should only maintain the status quo, until the new government is in a position to take over,” Khoo said.

“So it has no mandate to introduce new policies, undertake new initiatives or propose new legislation,” he added.

Muhyiddin later told editors he would shoulder the responsibility and hoped the appointment of his successor will be done as soon as possible.

He said when the king asked him to act as caretaker prime minister, he immediately referred to the Attorney-General Idrus Harun regarding the job scope.

“I have sought the opinion of the attorney-general and he said that I could exercise the executive functions and advise the Yang di-Pertuan Agong until a new prime minister is appointed,” the former prime minister said.

The Bersatu president had initially refused to resign as prime minister, but his final attempt of an olive branch to the opposition on Friday failed, when all opposition parties rejected his offer of reforms in exchange for support.

The 74-year-old former Umno politician became the country’s eighth prime minister in March last year after Dr Mahathir Mohamad resigned as PM following the “Sheraton move”.

Earlier in announcing his resignation, Muhyiddin blamed his political rivals for making him the shortest-serving prime minister in office.

“This didn’t work because there were parties who were determined to seize power at the expense of lives,” he had said. – August 16, 2021.