The RM2.6 billion donation given to Prime Minister Najib Abdul Razak is not a government secret since it was received in his personal capacity, said Dr Mahathir Mohamad
"He admits that the money is a gift to him personally, not to the government. He did not inform the government authorities about the money.
"It is in fact a secret from the government.
"Clearly the possession and management of this RM2.6 billion is not part of his work as prime minister of Malaysia," the former premier wrote in a blog today.
He said as such, information about the money cannot be protected under the Official Secrets Act (OSA)
The former premier added that the OSA was not meant to 'make secret criminal acts' committed by civil servants and officers.
He said such criminal acts must be investigated and that covering them up would be a crime.
Mahathir was commenting on attorney-general Mohamad Apandi Ali's plans to strengthen the OSA so that those who leak government secrets and journalists who protect the source of those leaks, can be sentenced to life imprisonment and 10 strokes of the cane.
Mahathir also said he wanted Apandi to state whether his plan included classifying alleged crimes by government officers as secret.
"The AG should clarify whether he considers crimes perpetrated by government officers as government secrets which must be hidden and protected by the OSA or not," he said.
Apandi has cleared Najib of any criminal misconduct in regard to the RM2.6 billion donation and RM42 million from SRC international cases.
Najib has also consistently denied allegations that he used public funds for personal gain and rubbished the accusations as part of a plot to topple him.