The Election Commission has ruled out a caretaker government taking over administering the country from today even though the BN's five-year term since the March 6, 2008, polls runs out today.

Election Commission deputy chairperson Wan Ahmad Omar said this is because the nation's convention only allowed a caretaker government to be formed with the dissolution of parliament and the ruling party takes over the role of caretaker government.

NONE Wan Ahmad ( centre in photo ) was responding to senior lawyer Tommy Thomas who opined that BN would become a  caretaker government from today on.

Tommy Thomas's view was echoed by DAP leader Lim Kit Siang, saying that BN should consult the opposition where government affairs are concerned particularly the Lahad Datu intrusion.

Wan Ahmad said, these people are entitled to their views, but none of the country's laws mention the matter.

As for the development of caretaker guidelines proposed in the report drafted by the parliamentary select committee (PSC) on electoral reform, Wan Ahmad said, the government and Attorney-General's Chamber (AGC) are dealing with this.

"After we found out that what the PSC had recommended on a caretaker government is not under our purview, we passed it to the government and AGC to handle," he said, adding that he was unaware of its latest status.

However, he said, even if caretaker government guidelines and a code of conduct are finalised, it would be a convention, not legislation that could be enforced.

As such, Wan Ahmad said, breaching the convention, guidelines and code of conduct do amount not to committing an offence.

He said even the federal constitution is silent about a caretaker government, but the ruling alliance observed and respected the convention in the previous polls.

“I dare to say, the role of caretaker government was well-observed by (BN),” he said, adding that the alliance never approved any new allocation, contract and treaty after the parliament dissolved.

'Most important law is Election Offences Act'

“In the context of the general election, the most important law to be respected is the Election Offences Act, 1954,” he said.

Wan Ahmad noted that Sections 8 to 12 under the Election Offences Act clearly stated the prohibitions during the period, such as a party not being allow to use public institutions for the purpose of campaigning, and it also touches on vote buying as well.

He said if the government were to come out with guidelines and a code of conduct for a caretaker government, the EC will be the body entrusted to oversee it.

When asked if BN were to distribute 1Malaysia People’s Aid (BR1M) and goodies were allowed during the campaign period, he replied that while this is allowed by the law, it’s morally untenable.

“This is morally wrong, but giving out what has been appropriated by parliament is allowed by the law,” he said.

Wan Ahmad advised against it as the act would be perceived as vote buying and create some controversy, and would lead to legal issues.

He however, believed BR1M would not be distributed during the election campaign period.

He said the election code of conduct which was prepared by the AG’s Chambers had been distributed to political parties yesterday.

 

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