The Dewan Rakyat today ruled that there was no need to reappoint cabinet members following the retirement of ex-premier Dr Mahathir Mohamad as the 'old cabinet' was still constitutionally valid.

Speaker Dr Mohamed Zahir Ismail made the ruling when the House came to session. The decision was made based on precedents and several articles provided in the Federal Constitution.

Citing article 43(4), he said cabinet members need to be reappointed only if the former premier had vacated his post following a non-confidence vote from the majority of parliamentarians.

If this was the case, Mohamed Zahir explained that all the cabinet members would be required to resign with the premier or be reappointed, regardless of whether it was before or after a general election.

"This means if a prime minister is retired, the issue of re-appointment of cabinet does not arise," he told parliamentarians.

The speaker also said this was a precedent from the time when Mahathir assumed the premiership from Hussein Onn and the latter from Abdul Razak.

He added that the new prime minister, being a new office bearer, was required to take an oath before the Yang di-Peruan Agong but the existing cabinet members were not required to do so.

"The current government was appointed on Dec 14, 1999, except for the prime minister," he said, adding that Abdullah Ahmad Badawi was sworn in as the head of government last Friday.

Mohamed Zahir also cited Article 43(5) which stated that all appointments of cabinet members were valid until their tenure was terminated or the Parliament dissolved for elections.

'Invalid cabinet'

The ruling was made in response to a question by Mahfuz Omar (PAS-Pokok Sena) in Parliament yesterday on the validity of the current cabinet.

Citing constitution Article 43, he argued that "Mahathir's cabinet" could be invalid since Abdullah did not appoint his own cabinet members and have them take their oath before the King.

The article stipulates 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 claimed that since a new prime minister was appointed, the previous cabinet should be re-appointed or dissolved.

Abdullah took over the reigns from Mahathir, who stepped down last Thursday after leading the country for 22 years.