AG appointment impasse could have been avoided, says Aziz Bari

KUALA LUMPUR: The impasse on the appointment of the attorney-general (AG) could have been averted if all parties concerned understood the AG's role.
Tommy Thomas, a senior lawyer and a respected figure in the country's legal circles, was the only name proposed to the Yang di-Pertuan Agong for the post by Prime Minister Tun Dr Mahathir Mohamad to replace current AG Tan Sri Mohamed Apandi Ali who was told to go on leave effective May 15.
However, Mahathir's choice has not gone down well with many parties including the palace. The argument put forth by some not only goes along the racial and religious lines but also highlight a possibility of a conflict of interest as Tommy is also the defence lawyer for Finance Minister Lim Guan Eng in a corruption case.
On whether Thomas' appointment will undermine the rights of the Malays and Muslims, a key point of contention, legal expert Dr Aziz Bari said there was no basis for this argument as the AG's work does not does not encroach into the jurisdiction of the Syariah Courts.
"The AG is just a civil servant like the Inspector General of Police and others.
"Hence, this is a misplaced notion as the AG has no say in the matters pertaining to Islam," he said when contacted by Bernama here today.
Parliamentarians can also be considered
According to Aziz, the Yang di-Pertuan Agong could seek the views of others and give his own views on the proposed name for the post but the appointment could only be made on the advice of the prime minister as stipulated in the Federal Constitution.
The Tebing Tinggi (Perak) state assemblyman also shared that it would be better that the AG is chosen from among the elected Parliamentarians as they would be in a better position to understand the direction and rationale behind the decisions taken by the government.
Aziz also listed several Parliamentarians with legal background whom he felt could be considered for the job, they include R. Sivarasa (Sungai Buluh), Mohamed Hanipa Maidin (Sepang) and Ngeh Koo Ham (Beruas).
Don't delay the appointment
Meanwhile, the Malaysian Bar Council in a statement expressed its concern over the snag in the appointment of the AG and stressed the that new Attorney General is appointed without further delay.
"As a constitutional monarch, the Yang di-Pertuan Agong has a constitutional duty to abide by the Federal Constitution, which clearly stipulates that His Majesty must act on the advice of the prime minister.
"The Yang di-Pertuan Agong must therefore appoint the person, as per advice of the Prime Minister, as the new Attorney General, and end the impasse without delay," said it President George Varughese.
He highlighted that the appointment of the new Attorney General should not be stifled by extraneous views that take into consideration any criteria that were without constitutional basis, based on irrelevant considerations, or which could be deemed to be arbitrary or discriminatory.
Candidates must have a clean record
The Malaysian Syariah Lawyers Association (PGSM) viewed that the candidate for the AG's post has to be free from controversies, corruption and power abuse, and has to be knowledgeable in Islamic jurisprudence as well.
Its president Musa Awang noted that the question here is not Thomas' credentials including the fact that he is a non Malay-non Muslim as the Yang di-Pertuan Agong had previously appointed non-Malay-non-Muslims like Cecil M.Sheridan (1959-1963) and Athi Nahappan (1970-1974) to the position.
"Thomas' credibility and impartiality is in question as he is the lawyer representing Finance Minister Lim Guan Eng in a corruption case.
"Can there be a conflict of interest if Thomas is appointed as the AG, can he act fairly in continuing with the litigation involving Lim," he asked.
He added that it was only proper that post is filled by those from among the existing judiciary and legal branch of the government.
Respect the Council of Rulers
Meanwhile, constitutional expert, Associate Prof Dr Shamrahayu Abd Aziz noted all parties have to respect the Council of Rulers's verdict tomorrow on the appointment of the AG.
She hoped that the royalties would not be put in a difficult situation in making the decision for the benefit of the people and the country.
"The impasse has to be dealt with carefully and tactfully to avoid a serious constitutional crisis," she said. — Bernama