LETTER | In the blame game over the so-called cabinet decision in respect of the Pulau Batu Puteh controversy, the Ministerial Functions Act 1969 (Act 2) has been overlooked.
It is an act to make provisions for declaring the functions and the transfer of functions of ministers, for declaring the styles and titles of ministers, and for incidental and connected purposes.
In simple words, it is an act to confer powers on each minister while declaring the function, style and title of each minister.
Section 2 of the act provides as follows:
1. The Yang di-Pertuan Agong may by order notify in the gazette:
that a minister has been conferred with any functions or has been charged with any responsibility in respect of a particular department or subject or that any transfer, to any other minister, of any of the functions or responsibility referred to has been made;
that any style or title has been assigned to any minister (except the prime minister) or that any change in any style and title referred to has been made.
2. An order made by the Agong under this section:
may provide for the transfer of any property, rights or liabilities held, enjoyed or incurred by any minister in connection with any functions conferred or transferred; and
may contain such other provisions as may be necessary or expedient for the purpose of giving effect to the order.
If a minister is a home minister, for example, it is because of Section 2 above and the law made under it. The latter is ordinarily called the Ministers of the Federal Government Order.
When the king appointed Dr Mahathir Mohamad as the prime minister pursuant to Article 43(2)(a) of the Federal Constitution, the Agong in exercise of the powers conferred by Section 2 above made the following order under the Ministers of the Federal Government Order 2018 [PU(A) 125/2018]:
“It is notified that the Prime Minister, Tun Dr. Mahathir bin Mohamad, shall be charged with the responsibility in respect of all departments of the Federal Government and the subjects for which the departments are responsible until the appointment of the other Ministers in the Cabinet.”
The above order came into force on May 10, 2018, and was gazetted on May 22, 2018. It was only revoked in 2019 vide the Ministers of the Federal Government Order 2019 [PU(A) 132/2019] which was gazetted on May 15, 2019.
So, when a prime minister is appointed by the Agong without other ministers being similarly appointed under Article 43(2)(b) to form a cabinet of ministers, the prime minister is the cabinet.
Let’s stop the blame game.
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
