A CABINET decision is collectively made by its ministers, and the Prime Minister should not bear the entire responsibility, says former premier Tan Sri Muhyiddin Yassin.
Muhyiddin stated that charging a prime minister in court over a Cabinet decision would set a bad precedent for the nation.
“When the Cabinet has decided, it is each of its ministers’s responsibility to accept the decision collectively. The issue of treason does not arise.
“In fact, it is not appropriate for a former prime minister to be brought to court solely for a government decision approved by the Cabinet during the previous administration.
“If this happens, it will set a bad precedent for the country,” said Muhyiddin who was a former Home Affairs Minister during Mahathir’s second term as Prime Minister in a statement on Thursday (Dec 12).
Muhyiddin was responding to a joint statement made by former ministers Datuk Seri Wan Azizah Wan Ismail, Datuk Seri Mohamad Sabu, and Anthony Loke.
In their joint statement, the trio claimed that Tun Dr Mahathir Mohamad merely “informed” the Cabinet on May 23, 2018, about his unilateral decision to drop Malaysia’s appeal in the Batu Puteh case on May 21, 2018.
Muhyiddin reminded Wan Azizah, Loke, and Mohamad that they have collective responsibility on the issue as Cabinet ministers at the time.
“Although the issue was raised by Dr Mahathir, he did not stop any Cabinet ministers from giving their views,” added Muhyiddin.
Dr Mahathir, in a statement on Dec 12, responded to the trio, saying it was perplexing that three former ministers during his second premiership did not raise objections when he informed them of the decision not to pursue sovereignty rights over Batu Puteh, Batuan Tengah, and Tubir Selatan.
Dr Mahathir also questioned if the trio understood the concept of collective responsibility as Cabinet ministers.
“As far as I know, all three agreed to the decision after I put forward in detail my perspective on the issue,” added Dr Mahathir.
Dr Mahathir had denied the findings of the Royal Commission of Inquiry, which said he was responsible for losing the sovereignty rights of Batu Puteh to Singapore, a move Prime Minister Datuk Seri Anwar Ibrahim described as treacherous.
In a highly redacted and declassified report tabled in Parliament on Dec 5, the RCI report recommended investigations over offences of cheating under Sections 415(b), 417, and 418 of the Penal Code, that resulted in the loss of Batu Puteh.
It also recommended that the RCI secretary lodge a police report to initiate the probe.
In February, the government announced that His Majesty Sultan Ibrahim, King of Malaysia, had consented to the establishment of the RCI.
The issue stems from a decision made by the government in 2018 to withdraw Malaysia’s application to review the International Court of Justice’s decision on the sovereignty of Batu Puteh.
At the time, the government was led by Dr Mahathir.
In 2008, the ICJ ruled that Batu Puteh belonged to Singapore while Middle Rocks was awarded to Malaysia.
It also ruled that the ownership of South Ledge should be determined based on the delimitation of territorial waters.
