The whole cabinet will have to quit along with Prime Minister Dr Mahathir Mohamad when he steps down this October, said an opposition leader today.

"It is clear from Article 43 of the Malaysian constitution as well as established parliament practices and conventions that when the prime minister resigns, it also involves the automatic resignation of his cabinet...," said DAP chairperson Lim Kit Siang in a statement.

He said the constitutional position of the matter was "very clear and allows for no ambiguity".

"The controversy of whether a cabinet minister should or should not resign, wishes to resign or not, when Mahathir retires in October should not have arisen...," added Lim.

"This means that when Mahathir retires as the fourth prime minister..., the present and last Mahathir cabinet automatically resigns with him."

It is then for Deputy Prime Minister Abdullah Ahmad Badawi, after being sworn in as the fifth prime minister, to form a new cabinet.

Causing unease

Lim, who had been a member of parliament for 30 years, was reacting to the furore sparked by Mahathir's remark last month that he welcomed the decision of several Umno leaders to step down and not contest in the next election.

He said that this was to give his successor Abdullah to form his own team when he assumes the premiership later this year.

It is believed that Mahathir's statement created disquiet among many current Umno leaders - as well as cabinet members - a number of whom were not too willing to step down voluntarily.

Among those who have expressed their willingness to quit are Perak Menteri Besar Tajol Rosli Ghazali, Pahang Menteri Besar Adnan Yaakob and his executive councillors. Also offering to leave was Housing and Local Government Deputy Minister M Kayveas.

Soon after Mahathir's controversial remark, Gerakan president and Primary Industries Minister Dr Lim Keng Yaik added fuel to the controversy by stating that all cabinet members should step down collectively with the premier.

On Sunday, in a bid to end the controversy, Abdullah advised all Barisan Nasional leaders to stop discussing the shape of the new cabinet when he takes over.

"I appreciated the gesture shown by many in wanting to give me an opportunity to decide o­n the new cabinet line-up. I know they are sincere and this is why I have not given it much thought. However, let's not talk about this now since we still have a lot of work to do," he was quoted as saying.

First test

Lim said Abdullah's cabinet line-up will be his first test of leadership as prime minister.

The question, said Lim, is whether Abdullah will re-appoint all the members of the Mahathir cabinet almost unchanged or whether he will be bold enough to initiate a major shake-up by dropping all ministerial "deadwoods".

However, Lim said BN leaders at the state level - mentri besar, chief ministers and all state excos - should submit their resignation to Abdullah.

"This is because the heads of governments in the various states under BN control, though constitutionally answerable to the respective state assemblies, had been politically appointed by the prime minister..."