A government MP today questioned Deputy Prime Minister Ahmad Zahid Hamidi for signing an affidavit in support of jailed ex-premier Najib Abdul Razak’s application to serve his sentence under house arrest.
Saying that such a move was in effect an act of challenging the government, PKR’s Pasir Gudang MP Hassan Abdul Karim suggested that Zahid should emulate Musa Hitam by resigning from the cabinet.
In a lengthy statement, Hassan cited the 1986 resignation of the former deputy prime minister over his disagreement with decisions by the administration of then prime minister Dr Mahathir Mohamad and asked if Zahid was willing to follow suit.
“What are the legal implications of a deputy prime minister who is currently in administration and president of a component party of the Unity Government swearing in an affidavit in a judicial review proceeding that is challenging the government ruling, given that the deputy prime minister is part of the cabinet?
“A judicial review is an application by one party, whether an individual, organisation, or company or corporation that applies to the court to review a decision or action that has been taken by the government.
“If the sixth prime minister (Najib) files an application for judicial review against the government and names several respondents consisting of several government ministers, including the attorney-general, the director of prisons, and the Pardons Board then it means that the applicant is challenging the decision of the Pardons Board and the government with presumptions and allegations and accusations that the decision made by the board was wrongly decided. It means that the government made a wrong decision.
“When a deputy prime minister of the current ruling government pledges an affidavit and swears in his position as deputy prime minister and also as the president of a ruling coalition component party in support of the application of the former prime minister, then it means the deputy prime minister that has officially challenged the decision of the Pardons Board and the decision of the government,” he added.
Zahid backed Najib’s claim of a supplementary royal order for the former prime minister’s remaining jail sentence to be served under house arrest in an affidavit filed at the Kuala Lumpur High Court on April 9.
Najib’s judicial review targeted seven respondents including the home minister, the prisons commissioner-general, the attorney-general, the Federal Territories Pardons Board, the minister in the Prime Minister's Department (Law and Institutional Reform), the director-general of Legal Affairs Division in the Prime Minister's Department, and the government.
Collective responsibility
Hassan then asked what are the legal and ethical implications such as the principle of collective responsibility if the deputy prime minister distanced himself from the decision of the Pardons Board.
“In 1986 there was a precedent where Musa resigned as deputy prime minister and home minister and left the cabinet because he did not agree with Mahathir’s administration.
“Until now, the public respects the principled actions taken by Musa.
“So, does the current deputy prime minister of the Unity Government, who does not agree with the government and the Pardons Board decision, need to emulate the ethical and principled actions of Musa?” asked Hassan.
He said according to the Federal Constitution, the functions and responsibilities of the cabinet ministers including the prime minister, deputy prime minister and ministers are that they act collectively and are jointly responsible.
“Any decision of the cabinet is a joint decision that is necessarily defended and for which they are held jointly accountable.
“The principle that needs to be used is the principle of a well-tied raft that stays together as it rises or falls when the tide is high or low,” said Hassan. - Mkini
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