AG: No caretaker guidelines, government briefed

However, briefings to top government officials over the “do’s and don’ts” when taking on the role of an interim government have been given by the AGC.

All the cabinet members, deputy ministers and secretary-generals(KSUs) as well as senior government servants, said the A-G Tan Sri Abdul Gani Patail, were briefed by on “everything about a caretaker government” recently.

“In brief: don’t do anything that will bind the future government. The government shouldn’t go away from the routine,” Abdul Gani told Astro Awani in an interview.

He said that that while the AGC was looking at the possibility of coming up with guidelines, as suggested recently by Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz, it was not something being drafted as yet.

“We are looking at it, but at the moment, we are following that convention and we are not drafting anything,” he said.

He added that he believed government officials were “fair minded people” who knows what should be done.

A caretaker government is the government that rules temporarily between the time when Parliament, or state assemblies, dissolve until a new government is formed.

Legally, the Federal Constitution and state constitutions, are both silent on this issue.

Malaysia adopts the Westminster convention where the incumbent government continues in power in a caretaker capacity, until a new government formed.

Abdul Gani said that the the conventions of countries such as the UK and New Zealand, they do not make it into laws but they have guidelines, and Malaysia will continue to follow such conventions.

The AG's comment comes after a recent Astro Awani report where legal experts called for legislation, or at the very least a guideline, to outline the role of caretaker government. (Video Agenda Awani)

In September 2012, the Election Commission (EC) said that a draft for a code of conduct for a caretaker government was ready but needs to be further deliberated by the government.

However, the EC chairman Tan Sri Abdul Aziz Mohd Yusof was more recently quoted as saying that the commission has no power to make such guidelines as there is no provision for this under the Constitution.

Having the code of conduct was one of the 22 recommendations made by the Parliamentary Select Committee on Electoral Reforms to better the electoral process in Malaysia.