Kuala Lumpur, 20 October 2022: Following the dissolution of Parliament last week by the Yang di-Pertuan Agong, the current administration is now officially acting as caretaker government until a formal government is formed post GE-15. The Institute of Democracy and Economic Affairs (IDEAS) reminds the caretaker government that it must be aware of its limited powers and functional responsibilities during this period, whereby the public’s confidence towards its impartiality is of utmost importance. 

Commenting on the caretaker government, Dr Tricia Yeoh, CEO of IDEAS, stated, “The guidelines outlining the role of a caretaker government in Malaysia are unclear. We do not have a set of separate, written guidelines yet on what the caretaker government should adhere to, whereas Australia and most recently, Canada, have outlined the responsibilities of a caretaker government, titled ‘Caretaker Conventions’.” 

These conventions generally outline the responsibilities of the incumbent in matters relating to manner of conduct (1) for the caretaker government on policies, appointments, international visits, election period as well as administrative work, and (2) for civil officials and the scope of their involvement in election activities. They have also made the document accessible to the public.

“In short, a caretaker government’s primary duty is to handle only administrative affairs until the formation of a new government. It does not have the privilege or power to pass, sign, undertake any agreements, contracts and/or pledges, be it at the domestic or international level. It should refrain itself from passing any major policies that may affect the country in the long-term. This includes making new political appointments or making any major procurement or budgetary decisions. Its actions must be governed by the principles of responsibility, rule of law and necessity alone.”

In addition, existing documents, programmes and allocations that were approved by the prior government must also be carried out. In the event of an emergency, the caretaker government must practise neutrality and fairness by consulting with all parties before a decision is made. Neutrality applies in refraining from showing favour towards a particular party, be it in public campaigning or during elections. This is crucial because the caretaker government has essentially vacated its political authority with the early dissolution of Parliament and is only allowed legalistic standing to govern.

Dr Yeoh added, “The public must be reminded of practices that infringe upon these basic rules. Earlier this year in February, the caretaker state government in Johor had unilaterally made announcements for the Johor Agro-Food Policy 1.0. Three days ago, on 17th October 2022 at an event with Felcra Berhad settlers and RISDA farmers in Tapah, Perak, caretaker Prime Minister Ismail Sabri announced his agreement to write off approximately RM 233.8 million of debts owed as a reward, provided that he and the cabinet are successfully returned to the federal government by loyal voters after the elections. These are examples that reflect poorly on the current caretaker government and should be called out. 

“It is also important to note that Malaysia has had minimal experience with power transition at the federal level. This is why the role of the caretaker government is vital in ensuring that a smooth transition to the new government will take place. Moving forward, adopting Caretaker Conventions or even a Caretaker Government Regulatory Act might allow for a clearer, stricter and more transparent set of guidelines for all future caretaker governments. This is to ensure that the risk of abuse of power by those in the caretaker government can be minimised, and better yet, curbed,” concluded Dr Tricia Yeoh.

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For enquiries, please contact:
Halmie Azrie Abdul Halim, Executive, Democracy and Governance
T: +603 2070 8881/8882 | E: halmie@ideas.org.my

Louis Denis, Manager, External Relations
T: +603 2070 8881/8882 | E: louis@ideas.org.my