C06-09: Key national positions such as appointments to the Human Rights Commission, Election Commission of Malaysia, the Malaysian Anti- Corruption Commission, and Judicial Appointments Commission must be approved by a suitable parliamentary committee

Jun 2018

Agong consents to Thomas as AG, Apandi sacked

Malaysiakini June 05, 2018

Yang di-Pertuan Agong Sultan Muhammad V has given his consent to the appointment of Tommy Thomas as the new attorney-general. Comptroller of the Royal Household Wan Ahmad Dahlan Abdul Aziz said His Majesty had, on the advice of Prime Minister Dr Mahathir Mohamad, given his consent to the appointment according to Article 145 (1) of the Federal Constitution. “The Yang di-Pertuan Agong also called on all Malaysians to accept that the appointment of the attorney-general should not create religious or racial conflict as every Malaysian should be fairly treated regardless of race and religion,” he said. In a statement dated June 4 and issued by Istana Negara to Bernama early this morning, Wan Ahmad Dahlan said the appointment would continue to preserve the special rights and privileges of the Malays and Bumiputeras, as well as the status of Islam as the federal religion. “After taking into account the opinions of the Malay Rulers on (i) the appointment of attorney-general, (ii) the rights of Bumiputeras and (iii) the roles of the Council of Rulers as stated under Article 153 of the Federal Constitution, the Yang di-Pertuan Agong also consented to Apandi Ali’s termination of service as attorney-general by the federal government,” he said. Wan Ahmad Dahlan also said that Sultan Muhammad V had expressed his disappointment and worry about inaccurate and negative media reports of late which could threaten peace and harmony in the country. “His Majesty said that he has an obligation to uphold the Federal Constitution and preserve the special rights of the Malays and Bumiputeras, as well as to protect Islam,” he added. Dr Mahathir Mohamad had recently proposed to nominate renowned lawyer Thomas as attorney-general to replace Apandi.

Jun 2018

PH strategist: Get an AG first, then change the process

Free Malaysia Today June 04, 2018

A Pakatan Harapan strategist has called for calm about changes to the process of appointing an Attorney-General, saying the system in place must be followed in order to uphold an election pledge to choose an MP as the Attorney General. Speaking to FMT, he said: “We can’t expect the current AG (Apandi Ali) to commit to the reforms we want. So whoever is appointed must start the process.” That was the reason a new candidate for the post “must be someone who can deliver on reforms to the structure of the Attorney-General’s Chambers”. Criticism has arisen in the wake of news reports speculating that prominent constitutional expert Tommy Thomas has been nominated for appointment as Attorney-General. At the same time, there has been growing pressure on Apandi to resign, and also for the new government to terminate his contract immediately. Rais said: “It cannot be a case of abracadabra and everything happens like magic. We’ve inherited a system and we must follow due process. We hope people can understand that not everything can be done in one day, but we will fulfill our promises” He acknowledged that Pakatan Harapan had promised that the AG should be appointed from among MPs, and that a separation made of the twin powers of the AG as legal adviser to the government and that of Public Prosecutor. However, this reform was not part of those promised within the first 100 days. “Rome wasn’t built in a day,” he said. The people understand that some promises were to be delivered in 100 days, and others to be carried out within the five-year term of the new government. Even so due process must be followed, said Rais, who is a strategist for PPBM. He said that in some cases, the new government could not hold off on filling certain positions because of the needs of the nation, such as the appointment of Malaysian Anti-Corruption Commission chief Shukri Abdull without obtaining parliamentary approval as had been called for in the manifesto. Pakatan Harapan’s manifesto calls for the separation of the twin roles of legal adviser and Public Prosecutor, appointment of Attorney-General from among MPs, as a Cabinet minister to advise the government on legal matters. There have been growing calls for Apandi to resign, after the new government ordered him to take leave. Apandi is on a three-year contract with the government, which was renewed shortly before the general election.