Najib a public officer, says Dr Mahathir

Updated 6 years ago · Published on 3 Mar 2018 11:00AM · 1 Comments

Prime Minister Najib Razak has authority over the government in accordance with the laws of the country and should be held accountable over the financial scandals in 1MDB. – The Malaysian Insight file pic, March 3, 2018.

ANYONE can see that Prime Minister Najib Razak is a public officer as he presides over the cabinet and decides for the government, said Pakatan Harapan chairman Dr Mahathir Mohamad.

The opposition coalition’s prime minister-designate said in his blog today that no regular person has the authority like the prime minister does which also includes giving instructions to government officers.

“If just about anybody can do this, then either anyone can be classified as a public officer or we cannot have prime ministers, ministers and secretaries to ministries because everyone can adopt these titles and tell government officers to do whatever,” said Dr Mahathir.

He said Najib cannot be a private officer due to the authority he has over the government and cabinet.

“Najib bin Tun Razak is the prime minister of Malaysia and he has his authority over the government in accordance with the laws of the country. Since the prime minister is a public officer, therefore Najib is a public officer.”

Dr Mahathir’s comments follows the Federal Court ruling that Najib is not a public officer and, therefore, immune from a suit over alleged misfeasance in public office.

Dr Mahathir and former Batu Kawan Umno division leader Khairuddin Abu Hassan filed a suit in March 2016 to seek a declaration that Najib had committed the tort of misfeasance, or wrongful exercise of lawful authority, as well as a breach of fiduciary duty in public office.

They claimed these offences were committed in relation to the financial improprieties at state firm 1Malaysia Development Berhad (1MDB) whose advisory committee Najib headed.  

In the Federal Court ruling, justice Yaacob Md Sam said the prime minister had been cleared of wrongdoing by the Public Accounts Committee (PAC), attorney-general, police, Malaysian Anti-Corruption Commission and Bank Negara Malaysia.

On Tuesday, Dr Mahathir’s appeal for leave was dismissed and Chief Justice Md Raus affirmed the decisions of the Court of Appeal and high court.

Dr Mahathir’s lawyer, Haniff Khatri Abdulla, said an application for a review of the Federal Court decision would be filed soon.

Dr Mahathir and Khairuddin were ordered to pay RM20,000 in costs to Najib. – March 3, 2018.   

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Comments

  • The law against malfeasance is not meant to restrict to only public officer. It should relate to persons who receives salary to perform duties for which he is employed. Thus however the judges like to interpret based on the letter in the law that Najib could be classified as any occupational category, he is employed to perform and thus accountable. The classification of a job title does not take away his responsibility.

    Posted 6 years ago by Meng Kow Loh · Reply