The cabinet is empowered by the Constitution to determine any allowances, facilities and privileges granted to former prime ministers, said Special Functions Minister Mohd Redzuan Md Yusof.
He said there is no requirement for these privileges to be surrendered even if the former premiers were convicted of criminal offences in court.
Mohd Redzuan said this in a written reply to Labis MP Pang Hok Liong who asked for an explanation for the "special circumstances" under which former prime minister Najib Abdul Razak is still granted privileges such as bodyguards from the Special Action Unit (UTK) and motorcycle escorts by the police.
The privileges continued to be provided despite Najib being found guilty and sentenced to 12 years imprisonment by the High Court on seven charges concerning abuse of power, criminal breach of trust (CBT) and money laundering involving RM42 million from SRC International Sdn Bhd in July.
"The prime minister is the chief executive of the Federation in accordance with the Constitution, and this is indeed an institution that should be respected and recognised, due to his dedicated contribution in advising the Yang di-Pertuan Agong on the course of national administration.
"This coincides with those duties and responsibilities and is in line with Article 43 of the Federal Constitution, Members of Parliament (Remuneration) Act 1980 [Act 237] which was enacted to outline remuneration, allowances, pensions and rewards including other privileges that former prime ministers are entitled to upon retirement," said Mohd Redzuan.
He cited the Pension Act of Tunku Abdul Rahman Putra Al-Haj 1971 (Act 22) which was enacted to provide pensions and privileges to the first former prime minister for his contributions and devotion as a statesman in bringing Malaysia to independence.
He added that while the law said the cabinet might determine the rates, terms and conditions from time to time, there was no provision addressing the issue of a criminal conviction.
Last November, Bukit Aman Traffic Enforcement and Investigation Department director Azisman Alias said that Najib could still request for outriders but only if he was on official business and not for personal or political reasons while in May 2018, his security personnel - mostly police officers - was withdrawn.
However, as recently as September's Slim by-election in Perak, Najib's use of outriders was noted and questioned by veteran newsman A Kadir Jasin, among others. - Mkini
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