An ex-Prime Minister is not entitled to be given a house and/or land

The benefits to be given to a former Prime Minister is governed by the Members of Parliament (Remuneration) Act 1980. He will be given a gratuity and a pension as a Member of the Administration (Cabinet Minister) and as a Member of Parliament. In addition to those, Para 21 of the First Schedule to the Act makes the following special provisions with regard to the benefits for a former Prime Minister :-

Para 21 (1) A person who ceases to hold the office of Prime Minister …. shall be entitled to such allowances and privileges at such rates and such terms and conditions as may be determined by the Cabinet from time to time.

(2) The determination by the Cabinet pursuant to subparagraph (1) shall apply mutatis mutandis (with necessary amendments) to the allowances, benefits and privileges payable or conferred pursuant to Section 2 subparagraphs (c), (d) and (e) of the Tunku Abdul Rahman Putra Al-Haj Pension Act 1971 (hereinafter referred to as ‘Tunku Pension Act’) as if they were conferred under subparagraph (1).

The Tunku Pension Act was enacted to specifically provide for the pension and privileges of Y.T.M. Tunku Abdul Rahman Al-Haj, our first Prime Minister upon his retirement from the office of Prime Minister of Malaysia.

The Member of Parliament (Remuneration) Act 1980 has given the Cabinet the guide on the additional benefits to be given to a former Prime Minister as laid out under Section 2 subparagraphs (c), (d) and (e) of the Tunku Pension Act.

Section 2 subparagraphs (c), (d) and (e) of the Tunku Pension Act provide as follows:-

Section 2. Notwithstanding the Members of Parliament (Remuneration) Act 1980 or any law pertaining to pensions and gratuities of the Members of Administration, Y.T.M. Tunku Abdul Rahman Putra Al-Haj shall, on his retirement from the office of Prime Minister of Malaysia, be entitled to the following pension and privileges:-

  • (c) a furnished residence shall be provided and maintained free of charge;
  • (d) a government motor-car and a driver shall be provided; and
  • (e) a secretary, clerk cum stenographer, a security officer and an office boy shall be provided at current government rates.
  • No where is it stated that the Cabinet may give house and/or land to a former Prime Minister and neither is there a legal provision that a former Prime Minister is entitled to them. Therefore, it is wrong for the Cabinet to approve any house and/ land to Datuk Seri Najib and neither can Datuk Seri Najib claims that he is entitled to them. The Cabinet may however, give the benefits as laid out in Section 2 subparagraphs (c), (d) and (e) of the Tunku Pension Act to a former Prime Minister.

    Ngeh Koo Ham
    MP for Beruas
    Media statement by Ngeh Koo Ham in Ipoh on Monday, 22nd November 2021