Authors: Wo Chang Xi
Electoral turbulence and political uncertainty remain recurring risks for ruling governments, with Malaysia experiencing four federal government transitions within six years since 2018. In this context, caretaker government conventions have become increasingly important as a source of regulatory guidance to maintain stability during periods of political transition.
While the Federal Constitution implies the existence of caretaker governments, there is a lack of clear operational guidance that creates challenges for administrative continuity during mid-term transitions and limits on caretaker governments.
This paper examines the conceptual foundations of caretaker conventions and assesses Malaysia’s current framework, taking into account its legal and political context. Drawing on comparative insights from four Westminster systems – Australia, New Zealand, the United Kingdom, and Canada, the paper identified best practices that may be adapted for Malaysia:
- Clearly defined caretaker periods covering dissolution, or when the government loses the confidence of the Dewan Rakyat and ends when a new government is appointed or when election result is clear;
- Explicit restrictions on major policy decisions, significant appointments, and large contractual commitments, unless these are urgent and unavoidable;
- Suspension of government advertising campaigns that risk being perceived as partisan, even in the period before parliamentary dissolution;
- Consultation with opposition parties for unavoidable decisions required to be made during the caretaker period;
- Enforcement mechanisms, including public disclosure requirements on potential breaches and legal sanctions against politicians for violations; and
- Provision of pre-election contact between civil service and opposition parties, including costing of election commitments, to facilitate an orderly transition (should power change hands) and to level the playing field.
For further insights and recommendations, read on for best practices on caretaker conventions and recommendations on what such frameworks should entail.
