An opposition parliamentarian today questioned the validity of the cabinet in Parliament following the resignation of the former prime mnister Dr Mahathir Mohamad.

Mahfuz Omar (PAS-Pokok Sena) reminded the House that the cabinet could be "invalid" since the new Premier Abdullah Ahmad Badawi did not appoint his own cabinet members and lead the members to take their oath of office before the King.

Abdullah took over from Mahathir last Friday.

Mahfuz said the matter has to be addressed as Article 43 of the Federal Constitution stipulated that all cabinet members should be appointed by the King on the advice of the prime minister and that they should take their oath before the King.

Mahfuz argued that since the new prime minister is appointed, the previous cabinet should be re-appointed or dissolved.

Still Mahathir's cabinet

"The cabinet now is Tun Dr Mahathir's cabinet, they should be dissolved follow his resignation, otherwise they should be re-appointed by the new Premier Abdullah," the PAS leader told the House.

Speaker Mohamed Zahir however allowed allowed Deputy Finance Minister Dr Shafie Salleh to continue with his ministerial winding-up after hearing Mahfuz's contention.

Speaking to malaysiakini later in his office, the speaker said he would decide tomorrow on the validity of the cabinet.

"I will make a ruling tomorrow morning," Mohamed Zahir said.

He said he would study the article in the Federal Constitution and would consult anyone well versed on the issue including the attorney-general.