Experts: Law allows govt to give ex-PMs just a 'happy meal'
Former premier Najib Abdul Razak has repeatedly claimed that his request for land and government housing is a "hak" (right) under the Members of Parliament (Remuneration) Act.
However, legal experts told Malaysiakini this is not strictly accurate.
Section 21 of the Act only stipulates that former prime ministers are entitled to...
Former premier Najib Abdul Razak has repeatedly claimed that his request for land and government housing is a "hak" (right) under the Members of Parliament (Remuneration) Act.
However, legal experts told Malaysiakini this is not strictly accurate.
Section 21 of the Act only stipulates that former prime ministers are entitled to certain privileges as to be determined by the cabinet but does not spell out what form it has to take.
Najib claimed that the housing entitlement is per a cabinet decision made in 2003, but experts argued that under the Act, remuneration does not have to be in the form of housing.
The experts Malaysiakini spoke to include lawyers New Sin Yew, Haniff Khatri Abdulla, Malaysian United Democratic Alliance (Muda) pro-tem vice-president Lim Wei Jiet, DAP's Hannah Yeoh and Syahredzan Johan, all of whom have a legal background.
Asked if the cabinet could decide that a former premier is instead entitled to a "happy meal" from fast-food chain McDonalds instead, the experts replied in the affirmative.
"Correct, it is according to the discretion of the cabinet. Happy meal it is then, (although) I will think twice about giving him (Najib) one," Yeoh, who is also the Segambut MP, said.
Clarifying further, Lim and Syahredzan said the cabinet decision on remuneration for ex-prime ministers could be considered as policy.
This, Syahredzan said, gives the cabinet leeway and even discretion to overturn decisions.
"The Act does provide 'something' as a right for all prime ministers. That something is to be determined by the cabinet.
"The cabinet can overrule previous cabinet decisions giving all those," he explained.
Former premier's 'right'
Haniff, meanwhile, opined that the cabinet could also take criminal cases into consideration.
"It is subject to the rule as well. Even though the Act allows for remuneration, the cabinet is bound to decide whether to give it if a person is not tainted by any criminal accusations or even a conviction.
"It is not automatic," he said.
In July last year, Najib was sentenced to 12 years' jail and fined RM210 million after he was found guilty of all seven charges related to the misappropriation of RM42 million of SRC International funds.
The Court of Appeal is slated to deliver its decision on his appeal on Dec 8.
Minister in the Prime Minister's Department (Parliament and Law) Wan Junaidi Tuanku Jaafar previously said the cabinet decided in principle to grant Najib his housing request, but it was still subject to further deliberation.
He said the decision was made as it was the former premier's "right" under law.
New said that as a matter of good governance, the cabinet must explain its reasoning.
"Like all other public law decisions, the cabinet needs to explain why they have now decided in the manner which they did.
"If subsequently a decision is made to revoke such gratuity or benefit. The cabinet must only do so with good reasons," he said.
Najib has withdrawn his request for the housing and plot of land reportedly valued at RM100 million.
He instead urged the government to sell it and utilise the proceeds for the people.
