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Thursday, October 27, 2011

Auditor-general need not run report past cabinet

Constitutional expert Abdul Aziz Bari has argued that it was wrong for the cabinet to be involved in the Auditor-General's Report as it is against the spirit of the constitution.

According to Article 107 of the federal constitution, the report has to be prepared by the auditor-general and be handed to the Agong for it to be tabled to the Dewan Rakyat.

"Where does it state that the cabinet is involved? This (practice) is wrong and it could be challenged in court. Also the cabinet is seen as a player in the report," said the Universiti Islam Antarabangsa (UIA) law lecturer.

"Logically, if it is tabled to the cabinet, why is there a need for it to be brought to the Parliament. If this is the case, there is no need for the post of the auditor-general," he added.

NONEAuditor-General Ambrin Buang (right) had on Oct 21 explained that since 1982, it has been a practice for the report to be brought before the cabinet first before it is tabled to the Dewan Rakyat.

He said this was for the cabinet to familiarise themselves with the issues raised by the report so that they could explain them in Parliament.

Mysterious delay

Several Pakatan Rakyat MPs have questioned the absence of the report at the 2012 budget sitting over the past two weeks.

Bukit Bendera MP Liew Chin Tong had wanted the prime minister toexplain the delay as it is a practice for the report to be unveiled on the same day as the tabling of the budget, which was Oct 7.

"While we are not questioning the practice, I think the responsibility lies with the cabinet to decide when it should be presented," Liew told reporters in the Parliament lobby on Monday.

Abdul Aziz, when contacted by Malaysiakini, said although the constitution is silent on when the AG's report would be tabled in Parliament, he felt that the tabling should have been done without delay to safeguard its integrity.

"Hence, the auditor-general should explain the delay as he is appointed by the Yang di Pertuan Agong with the approval from the Council of Malay Rulers."

He explained further that it should not take long for the report to reach Parliament as the Agong need not scrutinise government expenditure.

"The delay is actually a mystery," he said.

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