The giving of handouts like the 1Malaysia People's Aid (BR1M) by the BN caretaker government is not bribery, as long as it had been approved in Budget 2013, Attorney-General Abdul Gani Patail says.

Explaining his understanding of a caretaker government to Bernama , Gani said it could make agreements, contracts and pledges, on condition that allocations for these had been approved by the government and Parliament under the 10th Malaysia Plan (10MP) and Budget 2013.

NONE "These include making payments approved by the government before Parliament was dissolved as it is among routine matters under the responsibility of the caretaker government.    

"For example, the 1Malaysia People's Aid (BR1M) has been decided. It is the right of the people to receive them. 

“So, what is this issue of bribery? Bribery is only applicable when a person does not have the right and I give in return of your favour," Gani said.

The caretaker government can also continue to implement policies and programmes with the financial allocations provided, such as public housing projects for the  poor, microcredit loans and giving land ownership.    

Last week, PAS vice-president Mahfuz Omar said that with the dissolution of Parliament, BN chief Najib Abdul Razak, as the caretaker PM, can no longer campaign as prime minister.

Mahfuz said the caretaker cabinet members should go down to the ground only in their capacities as BN leaders, not as ministers.

This, among others, implied they should not announce or give any form of assistance or make allocations from federal funds, whether in the form of cash, grants, bonuses or material gifts.

AG: No major contracts

However, Gani said the federal constitution did not specifically provide for a caretaker government and its functions, but it existed by way of constitutional convention, as implied by provisions under the constitution.    

"The caretaker government consisting of the cabinet starts after Parliament is dissolved and ends on the date of appointment of the new prime minister, after the general election or until the new Parliament session starts, whichever is earlier," Gani said.

NONE Asked whether there were countries that enacted laws regarding a caretaker government, he said, "So far, to my knowledge, none."    

However, the AG appears to concur with some of Mahfuz’s views, when he said a caretaker government could not enter into major government contracts and make major policy decisions that have financial implications.

"Basically, there are three things that the caretaker government should not do. Make major policy decisions that will likely commit the incoming government and make significant appointments such as the appointment of the new chief justice by the Yang di-Pertuan Agong.    

"It cannot advise on any appointment. Thirdly, entering into major government contracts for undertaking," Gani told Bernama in an interview at his office in Putrajaya recently.

He said the caretaker government could carry out the administration, subject to certain limitations.    

NONE "The caretaker government can hold official meetings in relation to routine administrative (duties) but it cannot make any major decision or policies that have financial implications on the new government."    

He said the caretaker government could make decisions if the national security, stability, economy and public order of the country were being threatened.    

Members of the caretaker government could organise or attend official functions and host scheduled receptions for projects or programmes set by using government expenditure by complying with the Treasury's directives.      

Gani said members of the caretaker government could also attend functions such as the opening of roads, schools and bridges that had been scheduled.    

They could also officiate events including in areas they are contesting, including those under the responsibility of ministers of the federal government when Parliament was dissolved.    

In addition, the caretaker government could also set the dates for the start of laws passed by the Parliament.        

'Court precedence for continued cabinet'

Abdul Gani ( below ) explained why a caretaker government must exist when parliament is dissolved, as it was needed to advise the Yang di-Pertuan Agong and to function as the government.

He said although the federal constitution did not specifically provide for a caretaker government, Article 43 (1) provides for the Yang di-Pertuan Agong to appoint a cabinet of ministers to advise him in exercising his functions.    

NONE This was in line with Article 40 of the federal constitution which provides that the Yang di-Pertuan Agong shall act in accordance with the advice of the cabinet of ministers or a minister acting under the authority of the cabinet.    

"We also look at the case of Abdul Ghani Ali v Public Prosecutor (2001) where the Federal Court ruled that the word 'shall' in Article 43 (1) of the federal constitution shows that the cabinet must exist at all times to advise the Yang di-Pertuan Agong, though Parliament has been dissolved.    

"There must be a government continuously, cannot be a gap. (There must) always be a government to advice the Yang di-Pertuan Agong. This is the court's decision. On this basis, there must be a government at all times hence the establishment of a caretaker government," Gani said.

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