‘OK to have non-MPs in cabinet’

Law don Shad Faruqi cites precedents from Britain and Selangor.

PETALING JAYA: Contrary to DAP veteran Lim Kit Siang’s contention, the appointment of two new ministers and three deputy ministers was legal even though they were not made senators first, according to an expert on constitutional law.

“It is all right for the five to serve as members of the legislature as long as they are nominated by the Prime Minister and their nomination is approved by the King,” said Shad Saleem Faruqi of UiTM.

The two ministers are Maybank CEO Abdul Wahid Omar and Transparency International Malaysia president Paul Low. They both serve in the Prime Minister’s Department.

Prime Minister Najib Tun Razak has also appointed Hindraf Malaysia chairman P Waythamoorthy as a deputy minister in Prime Minister’s Department, Penang BN cyber war chief J Loga Bala Mohan as Federal Territories Deputy Minister and Bakar Bata state assemblyman Ahmad Bashah Md Hanipah as Domestic Trade, Co-operatives and Consumerism Deputy Minister.

Faruqi cited a precedent in Britain to back his opinion.

“In 1963, Alexander Frederick Douglas-Home was made Prime Minister before he became a member of the House of Commons,” he said. “He was a member of the House of Lords, but had resigned in 1962.”

Last week, Lim raised an alarm over the appointment of the five, pointing out that they were not members of the Dewan Rakyat and had yet to be appointed to the Dewan Negara.

“Najib’s post-13GE cabinet has also become a farce and even a joke as it has two illegal ministers and three illegal deputy ministers although they have gone through an unlawful oath-taking ceremony before the Yang di Pertuan Agong,” said the DAP advisor.

He said the five could not function as ministers and deputy ministers without being appointed as senators first as stipulated under Article 43 of the Federal Constitution.

Faruqi also cited a Malaysian precedent involving a former menteri besar.

“Abu Hassan Omar was appointed as Selangor Menteri Besar without being a member of the Selangor state legislative assembly,” he said. “The Permatang state seat was vacated to create a by-election.”

Abu Hassan headed the Selangor government from 1997 to 2000.