Saturday, March 30, 2013
Refusal To Acknowledge Caretaker Government: PR's Trick To Trigger Chaos
For example, responding to Himpunan Kebangkitan Rakyat, PR made a few statements from their math 'experts' which estimated 700,000 attendance at the stadium with capacity of 30,000 people including the stadium compound which covers road as far as around 1.5km. Statement from the 'expert' somewhat became a joke because it was ridiculous, especially when pictures shown by PR seemed edited.
Now, PR has once again featured another 'expert, their constitutional expert, Prof. Aziz Bari who touched on the caretaker government issue. He responded on the issue of the dissolution of DUN Negeri Sembilan yesterday, and said that the state is not being led by an illegal government.
We cannot understand why the issue of automatic DUN dissolution as well as caretaker government should be used as PR's political capital. Just what do they hope to get from there?
Even if DUN is dissolved and the caretaker government is considered as illegal, that does not give them the rights to take themselves as the state government.
Actually, there is no such thing as 'illegal government' after DUN is dissolved. Government only becomes illegal when it is appointed illegally, they include overthrowing the current government through the backdoor, without going through any legal process and declare themselves as the leader of country. This is what PR has been trying to do all these while through their street demonstrations by attempting to bring the spirit of Arab Spring.
According to international term, caretaker government is a practice taken by countries which practices the Common Law. It is practiced in Britain as a democratic parliament country which is a reference for Commonwealth Countries.
Thus, the term caretaker government does exist where government that operates in the interim period between the normal dissolution of parliament for the purpose of holding an election and the formation of a new government after the election results are known.
Caretaker government is not simply appointed but it has to go through appointment process following the constitution, through the previous election. Without caretaker government, how can a state or a country function and maintain in control during the whole period.
Is PR too crazy for chaos that they hope that during this period, they wish to consider that there is no government so that they can do anything they like without having anyone stopping them? Does Prof. Aziz Bari hope that after the dissolution, army and police would 'surrender their weapon' so that the opposition can do anything as they wish because there is no government?
This is obviously ridiculous, to leave the country without any leader even though for a short period of time. That is why having caretaker government is important.
However, other than holding the responsibility to ensure that the country or state remain under control including ensuring that anything that is approved can be implemented, including routine administration such as civil servants' salary, caretaker government cannot make any changes such as announcing new policies or approving budget for new projects or even withdrawing any results which has been made prior to that.
In this period, there is no new appointments made for any of government segments, for example, judges, department chiefs and other institutions.
What is more important is that the power of substantive Parliament stops after dissolved, so everyone should be aware to avoid themselves from violating Elections Act 1954 and provisions of the 1954 Act in terms of help or influence the candidates contesting in the upcoming election.
In a way, caretaker government is a necessity, and PR's actions in considering that it is illegal only shows that they are running out of issues to play with.
It is clear, there is no issue on this Caretaker Government like how Prof. Aziz Bari is 'worried' about. Perhaps he missed the class when the chapter of 'Caretaker Government' was taught.