Lawyer: Gov't decisions still valid even if ministerial functions not gazetted

Putrajaya's actions over the past year are still valid even though the cabinet has not had its functions gazetted, said lawyer New Sin Yew.

New (photo, above) cited Section 3 of the Ministerial Functions Act, which states: "Where an order is made by the Yang di-Pertuan Agong under Section 2, any thing commenced, or done before the order came into force by or under the authority of the minister whose functions and responsibility have been transferred or whose style or title is changed may be continued or completed by that minister."

He said this meant the failure to gazette the functions had no impact on the validity of the actions or decisions made by ministers.

"So, it’s not as though the present ministers were not ministers until notified in the gazette; the act doesn’t state that nor was it meant to operate in such manner," the lawyer told Malaysiakini.

The gazette is meant to formalise the duties of each minister and lists the agencies and departments that fall under his or her purview.

De facto Law Minister Liew Vui Keong revealed recently that while the chief secretary had approved the ministerial functions order for the Pakatan Harapan government, the matter had yet to be gazetted.

Malaysiakini has sighted a copy of the order which listed the functions of the federal ministers that was gazetted on Jan 22. However, the copy could no longer be found.

Liew said he is in the dark on this matter.

However, he said the ministerial function order is ready and is waiting to be submitted for royal consent.

“Only some additional agencies have not been gazetted. That's all.”

A check with the Federal Gazette shows that currently only Prime Minister Dr Mahathir Mohamad has had his job gazetted, as of May 22, last year. - Mkini