A caretaker government has limited power, says don

The Star - February 14, 2008

KUALA LUMPUR: The Malaysian system follows a longstanding constitutional convention where the government of the day will assume the role as caretaker government during the interim period when Parliament is dissolved.

Universiti Teknologi Mara’s Law Professor Dr Shad Saleem Faruqi said the Constitution was silent on the appointment of a caretaker government or whether the government of the day must resign after calling for elections or the Yang di-Pertuan Agong must appoint a caretaker government for the interim period.

“The Constitution does not spell out the role of the caretaker government, how it functions its duty, whether it is simply to perform the basic essential functions or possesses the normal powers of a government.

“It relies on the Commonwealth convention, that the government does not have to be reappointed once Parliament is dissolved,” he said.

However, by convention the caretaker government should not make any politically controversial decisions such as making appointments or dismissals in key posts, make important policy decisions, implement new laws or commit the incoming government into any expenditure, Dr Shad said.

During the interim period which includes election campaigning, members of the caretaker government must not use their position, government machinery or funds for partisan or political advantage.

Dr Shad added that when the Commonwealth rule was not strictly followed, the question of remedy arose.

He said the King had the power to appoint a new government during the interim period, and if the Prime Minister abused his power, the King may decline to listen to his advice.

“But this is usually in extreme circumstances and the King will usually let the Prime Minister rule the country just as during his term,” he said.

The courts, he said, could not do much to stop the caretaker government from making important policy decisions. “This is because there is no law that permits the government and no law that forbids it either,” he said.

Hence, Dr Shad said the role and function of the caretaker government was more of a question of constitutional and political ethics.

“It is an unwritten convention of the Constitution. It’s about wisdom and political morality and the caretaker government should not push its power too far,” he said.

Dr Shad said that in some Commonwealth countries such as India, the Election Commission was very powerful, citing former prime minister Indira Gandhi who was barred from Parliament for using the official machinery for partisan purposes.

He said Bangladesh was one Commonwealth country that amended its Constitution to make things right.

Its Cabinet and prime minister must vacate their posts upon dissolution of Parliament and a neutral caretaker government appointed by the president.

UMNO Punya Spin

Seterusnya, renungkanlah komen seorang pelayar blog ini dengan nama Hang Aku, mengenai apa yang sedang berlaku di Terengganu sekarang, seperti berikut:

Bandingkan dan fikirkan wahai orang yang berfikir:

1) DAP biadap kerana cuba boikot majlis angkat sumpah MB Perak. Tapi, UMNO tak biadap bila nak boikot majlis angkat sumpah MB Terengganu?

2) Datuk Ahmad Said (Terengganu) akan dipecat kerana langgar watikah Presiden UMNO. Tapi, Datuk Md. Isa Sabu (Perlis) tak dipecat kerana isu yang sama?

3) Zam (Datuk Seri Zainuddin Maidin, Kedah) diselar oleh pemimpin UMNO kerana komen yang dikatakan tidak benar pasal pembaziran wang dan usaha keras untuk menawan Kelantan. Tapi, Ku Li disuruh rampas Kelantan sebelum cabar Presiden UMNO kerana dikatakan banyak wang dan usaha yang telah digunakan untuk menawan Kelantan tapi gagal. Bazir dan guna...macam sama je maksudnya?

4) Kerajaan baru Perak dikatakan tiada muafakat kerana bertelagah untuk memilih Exco. Tapi, kerajaan Terengganu nak dapat MB pun payah?


- Hang Aku: 8:40 PM

OLD "WISE" OWLS OR WOLF ASKING FOR AN SGM

Tan Sri Tengku Razaleigh Hamzah, had written a letter to all cawangan UMNO proposing to have a Special General Meeting (SGM).

So far news reaches us that there were some positive response to the call from Johore UMNO Youth, below are copies of the said letters.

Tun Dr Mahathir di belakang move politik Ku Li?

But it seems that they are still in the 60's mode of thinking, stressing on UMNO to lead the racial
based coalition that Malaysian felt proven no longer able to be even as good as Tun Razak's time in terms of social justice and the rakyat need based emphatic policies.

The expired NEP in 1990, was just left to go on till today as "slogans" to camouflage the robbing of the Nation's wealth and be pocketed by selected political elites and their circles. These "lucky" elites of all skin colours holding high posts and positions in political hierarchy, government bureaucracies and as business owners. The Nation were tricked into believing that the NEP is still on while there were no major definitive actions to enforce it. Talks of New Development Policy was once heralded. Vision 2020 and the Industrialisation programs leads to wealth being concentrated and circulated more and more in the hands of the few reducing others only to be mere spectators in their own mother land.

Ku Li and Dr Mahathir especially, are they not the pace setters in these ugly affairs. If so, they are part of the problem. Can they be part of the solution now! Will Dr Mahathir in the process allows his closet to be bared to the public eyes to see all the skeletons and whatever he had left behine to rot in this beloved nation of our. But they said politics is the art of the impossible!

Surat untuk PM dari MP Jerlun

Mukasurat 1/2

Mukasurat 2/2

Mukasurat 2/2

sumber : klpos & http://bigdogdotcom.wordpress.com/

Wishlist after GE 12 for Malaysia.

1. My first wish is that we stop the Din Ilahi wannabe. In the history of Islam, names were called on some factions of Muslims, but the faction never call them any thing other than Muslims. Can some body please please stop calling themselves Islam Hadhari?

2.. Stop generalizing the golden age of Islam as the period of "monarchy", most were wrongly guided and some are very oppressive, though their knowledge base were high and it was a period of abundance. Special program to educate Malaysians.

3. The opposition to tie their lose ends and form a Barisan Rakyat ( BR ) and stand as one in the next election with one symbol, though for Kelantan, Perlis, Kedah and Trengganu it can be ( BR - same symbol ) limited to PAS - KeADILAN pack.

4. Use the alternative media to highlight their real "economic status" as what actuallyhappened to Kelantan when PAS first take over. That BA / BR cannot honour their Manifesto promises because they were unable to rule Malaysia ie Majority MPs in Parliament. Present the real "economic state" of the states BR inherited from BN, such as Federal and External Debts.

5. Join forces for states under opposition to explore further wealth of each state like Natural Gas in Kelantan - to fund development and create a welfare state scheme in these states. ( Got to check the federation agreement ), BR do not inherit rich states like (Trengganu, Sarawak or Sabah.) Except for Penang and Selangor - surviving as an Industrial State.

6. Control influx of foreign labour and Organised labour sharing scheme for the states under BR.

7. Organized and synchronized development ( not limited to economy ) for all states under BR.

8. Form a special coordinating assembly / Committee to realize the above goals.

9. Emphasis must be given to educate ( the same government servants down the line, the ones who run day-to-day operations ) and eradicate bad and corrupt practices that had prevail for the many years, within the bureaucracy.

10. Adopt a transparent tender & award processes for Government projects based on merits . No more direct negotiable contracts and adopt two stage tendering to evaluate technical & commercial proposals for Design & Build or PFI contracts.

Parti-parti dalam Parlimen selepas PRU 12

BN 140 comprising of the following -

Negeri-negeri Semenanjung
UMNO - 64
MCA - 17
Gerakan - 2
MIC - 3

Wilayah Persekutuan:
UMNO Setiawangsa & Putrajaya - 2
UMNO Labuan - 1

The Sabah/Sarawak parties:
UMNO - 10
PBB - 14
SUPP - 6
PBS - 3
PBRS - 1
PRS - 6
UPKO - 4,
SPDP -- 4
SAPP - 2
LDP - 1`

The opposition 82 Consists of:
PKR - 31
DAP - 28
Pas - 23

Ku Li Press Statement

Press Statement on the Outcome of the 2008 General Election

Source : Super Admin

Monday, 10 March 2008

Barisan Nasional has been defeated and shamed on a scale without precedent in our history. Alongside losing our 2/3rds majority in Parliament, we have lost a record number of states to the Opposition, including the premier state and the home state of the Prime Minister. This is not just a blow to BN and to UMNO but to the nation as a whole. We now face a period of uncertainty such as we have never experienced before. BN and UMNO's legitimacy and strength have been the bedrock of national unity and of Malaysia's successful development since Independence. All this is now in question. The Malaysian electorate's rejection of BN in key areas has serious consequences on our ability to execute our national development plans. We have won enough seats to form a federal government by simple majority, but because of our losses, including our stunning defeat in the Malay heartland states of Kedah and Kelantan, people are now saying that UMNO has lost its legitimacy to represent the Malays. The other Barisan component parties have already lost their leadership role as representatives of the other major races of this country. This is a historic crisis, and we must face it without further denial, self-deception or media spin. The honesty with which we interpret this result, and the decisiveness with which we act on it, will determine whether we still have a future with the people. To begin immediately the process of restoring ourselves, the leadership team must wake from its slumber, face the truth and accept full responsibility for this debacle. YBM Tengku Razaleigh Hamzah Member of Parliament Gua Musang Ketua Bahagian UMNO Gua Musang

Mahathir blames Abdullah for election loss

Sun, 09 Mar 2008 11:20:34

Ex-Malaysian premier Mahathir Mohamad

Ex-Malaysian premier says his successor Abdullah Ahmad Badawi has 'destroyed' the ruling coalition after disastrous weekend elections.

Malaysia's former prime minister Mahathir Mohamad, who led the ruling United National Malays Organization (UMNO) which helms the Barisan Nasional coalition (BN) for 22 years before stepping down in 2003, lashed out at the worst-ever electoral performance by the ruling coalition.

"In my view, Abdullah has destroyed UMNO, destroyed the BN and he has been responsible for this," Mahathir told reporters Sunday.

He also suggested that Abdullah resign, and said he had made a mistake in selecting him as prime minister.

Mahathir has previously said he never intended for Abdullah to serve more than one term, and that he should have opted instead for influential deputy prime minister Najib Razak who is now leader-in-waiting.

The Barisan Nasional suffered its worst ever result in Saturday's polls with opposition Islamic and reformist groups winning control of five states.

Abdullah's multi-racial national front coalition won just a simple majority in parliament, and his future as leader is in doubt after he saw a record parliamentary majority from the last election in 2004 collapse to the weakest level ever.

Abdullah was Mahathir's hand-picked successor when he stepped down, but after the new leader dumped several of his pet projects, Mahathir began launching accusations of economic mismanagement, nepotism and corruption.

HE/BGH