Election Commission (EC) chairperson Abdul Aziz Mohd Yusof says guidelines for a caretaker government are not necessary as they cannot be enforced without any legal basis.
He told Sin Chew Daily that the Attorney-General's Chambers (AGC) is drafting the guidelines, one of the recommendations of the parliamentary selective committee (PSC) on electoral reform, but he does not know when they will be released.
Abdul Aziz (left) explained that the EC has no legal power to either draft the guidelines or instruct the AGC to do so, as it comes under the Prime Minister's Department.
"If we set these guidelines hastily, many people would ask us which law empowers the EC to do so," Abdul Aziz is quoted as saying.
He elaborated that the federal constitution is silent on the role of a caretaker government, and that no country in the world has such guidelines.
'Guidelines like advice'
"Caretaker government guidelines are like advice. People with discipline will comply with them. If people breach the guidelines, there is nothing the EC can do because the guidelines are not legally binding.
"For example, the Health Ministry provides healthcare guidelines or advice to people, and advises the people to take less sugar but if there are people who consume too much sugar, nobody will arrest them because they have done no wrong in terms of the law."
However, an expert on the constitution, Tommy Thomas, yesterday listed countries that have such guidelines including the United Kingdom, Australia and Canada.
Abdul Aziz said state governments could draft and pass their own caretaker government guidelines at state exco meetings to avoid making any mistakes during the caretaker period.
The guidelines are one of the 22 recommendations proposed by the PSC and approved by the Parliament last April. The EC was giventhree months to prepare the guidelines.
The Negri Sembilan state assembly was dissolved automaticallytoday after its five-year tenure expired yesterday, making it the first legislature in Malaysian history to be automatically dissolved.
Menteri Besar Mohamad Hasan has said that the state caretakergovernment would not be able to introduce new policies before its successor is formed.
He told Sin Chew Daily that the Attorney-General's Chambers (AGC) is drafting the guidelines, one of the recommendations of the parliamentary selective committee (PSC) on electoral reform, but he does not know when they will be released.
Abdul Aziz (left) explained that the EC has no legal power to either draft the guidelines or instruct the AGC to do so, as it comes under the Prime Minister's Department."If we set these guidelines hastily, many people would ask us which law empowers the EC to do so," Abdul Aziz is quoted as saying.
He elaborated that the federal constitution is silent on the role of a caretaker government, and that no country in the world has such guidelines.
'Guidelines like advice'
"Caretaker government guidelines are like advice. People with discipline will comply with them. If people breach the guidelines, there is nothing the EC can do because the guidelines are not legally binding.
"For example, the Health Ministry provides healthcare guidelines or advice to people, and advises the people to take less sugar but if there are people who consume too much sugar, nobody will arrest them because they have done no wrong in terms of the law."
However, an expert on the constitution, Tommy Thomas, yesterday listed countries that have such guidelines including the United Kingdom, Australia and Canada.
Abdul Aziz said state governments could draft and pass their own caretaker government guidelines at state exco meetings to avoid making any mistakes during the caretaker period.
The guidelines are one of the 22 recommendations proposed by the PSC and approved by the Parliament last April. The EC was giventhree months to prepare the guidelines.
The Negri Sembilan state assembly was dissolved automaticallytoday after its five-year tenure expired yesterday, making it the first legislature in Malaysian history to be automatically dissolved.
Menteri Besar Mohamad Hasan has said that the state caretakergovernment would not be able to introduce new policies before its successor is formed.
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