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Thursday, February 23, 2017

‘ILLEGAL AG’ BOMBSHELL: NOT EVEN AN ACCOUNTANT, YET DESPERATE NAJIB CAN MAKE MADINAH AUDITOR-GENERAL

I was checking on this story yesterday
Madinah is new Auditor-General and not happy with what I found.
According to the story
Chief Secretary to the Government Tan Sri Dr Ali Hamsa said Madinah would take over from Tan Sri Ambrin Buang, who will retire on Feb 22.
Ali said Madinah’s appointment was in accordance with the Federal Constitution, and consented by the Yang di-Pertuan Agong upon the advice of the prime minister, after consulting the Conference of Rulers.
but
He said Madinah, 60, has a Bachelor’s degree in Political Science from Universiti Sains Malaysia (USM), a Master’s degree in Human Resource Development, and a Doctorate degree in Human Resource Management from Universiti Putra Malaysia (UPM)
It’s quite clear that she’s not a chartered accountant,
A friend who is more knowledgeable than me in these sorts of matters pointed to me that Section 22 and 23 of the Accountant Act 1967 (Revised 1972) stated,
22. No person shall unless he is registered as a chartered accountant under this Act and has his principal or only place of residence within Malaysia–
(a) practise or hold himself out as a chartered accountant, auditor, tax consultant, tax adviser or any other like description;
(b) adopt, use or exhibit the terms “chartered accountant”, “auditor”, “tax consultant”, “tax adviser” or any other term of like description; or
(c) adopt, use or exhibit the term “accountant” or any other term of like description in such circumstances as to indicate or to be likely to lead persons to infer that he is a chartered accountant or that he is qualified by any written law to practise the profession of or is in practise as a chartered accountant:
Provided that nothing in this section shall operate to prevent an advocate or any person authorised under any other law for the time being in force in Malaysia from carrying on the work of a tax consultant or a tax adviser.
23. No person shall unless he is registered under this Act and has his principal or only place of residence within Malaysia–
(a) practise or hold himself out as a licensed accountant or an associate member;
(b) adopt, use or exhibit the terms “licensed accountant” or “an associate member”; or
(c) adopt, use or exhibit the term “accountant” or any other term of like description in such circumstances as to indicate or to be likely to lead persons to infer that he is a licensed accountant or an associate member.
And Section 26 of the same Act stated that
26. Any person contravening section 22 or 23 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year and on a second or subsequent conviction to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years.
So how?
Unless my friend got it wrong, this appointment is actually illegal.
And if it’s wrong, we have to say that it is wrong.
Why can’t they get a proper chartered accountant for the job?
The law seems clear that only a chartered accountant can be an auditor, and I believe that should cover the Auditor General post as well.
I think the Chief Secretary to the Government has to answer this.
The anti-Najib people are already making noises over this appointment.
I don’t care what they say about Madinah being the wife of an Umno division chief and such, but a clarification is needed on the legality of the appointment.
So, I think Ali Hamsa needs to hurry up a bit with the explanation.
– http://lifeofaannie.blogspot.my

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