Experts: Govt not required by law to give ex-PMs housing, Happy Meal an option

 

Former prime minister Najib Abdul Razak has repeatedly claimed that his request for land and government housing is a "hak" (right) under the Members of Parliament (Remuneration) Act.

However, this is not strictly accurate, according to legal experts who spoke with Malaysiakini.

Section 21 of the Act only stipulates that former prime ministers are entitled to certain privileges as to be determined by cabinet but doesn't spell out what form it has to take.

Najib claimed that the housing entitlement is per a cabinet decision made in 2003, but experts say that under the Act, remuneration does not have to be in the form of housing.

The experts Malaysiakini spoke to include lawyers New Sin Yew, Haniff Khatri, Malaysian United Democratic Alliance (Muda) pro-tem vice-president Lim Wei Jiet, and DAP's Hannah Yeoh and Syahredzan Johan all of whom have a legal background.

Asked whether the cabinet could theoretically decide that a former premier is instead entitled to a children's Happy Meal from fast-food chain McDonalds instead, those Malaysiakini spoke to replied in the affirmative.

"Correct, it is according to the discretion of the cabinet. Happy Meal it is then, (although) I will think twice about giving him (Najib) a Happy Meal," said Yeoh, who is also the Segambut MP.

Clarifying further, Lim and Syahredzan said that the cabinet decision on remuneration for ex-prime ministers could be considered as policy.

This, Syahredzan said, gives the cabinet leeway and even discretion to overturn decisions.

"The Act does provide 'something' as a right for all prime ministers. That something is to be determined by the cabinet.

"Cabinet can overrule previous cabinet decisions giving all those," he said.

Cabinet needs to explain decision

Haniff, meanwhile, opined that the cabinet could also take criminal cases into consideration.

"It is subject to the rule as well. Even though the Act allows for remuneration, the cabinet is bound to decide whether to give it if a person is not tainted by any criminal accusations or even a conviction.

"It is not automatic," he said.

De facto Law Minister Wan Junaidi Tuanku Jaafar previously said that the cabinet had decided in principle to grant Najib his housing request but that it was still subject to further deliberations.

Wan Junaidi said that the decision was made as it was Najib's "right" under law.

New said that as a matter of good governance, the cabinet must explain its reasoning.

"Like all other public law decisions, the cabinet needs to explain why they have now decided in the manner which they did.

"If subsequently a decision is made to revoke such gratuity or benefit. The cabinet must only do so with good reasons," he said.

Najib has withdrawn his request for the housing and plot of land, which reportedly is valued at RM100 million.

He has instead urged the government to sell it off and utilise the proceeds for the people. - Mkini