PM term limit might be 'unconstitutional'; PP needs to be held accountable - PN

 

Opposition MPs today urged Putrajaya to postpone its plan to table two institutional reform bills next week concerning the separation of the attorney-general's (AG) role from the public prosecutor (PP) and the prime minister's term limit.

In a press conference at Parliament, Perikatan Nasional chief whip Takiyuddin Hassan urged the government to bring their proposals back to the drawing board and subject them to scrutiny by a Parliament Special Select Committee (PSSC) first.

The opposition believes the bill limiting the prime minister's term may be against the federal constitution, while the proposal to separate the AG-PP roles needs refinement to ensure accountability, he said.

The Kota Bharu MP warned that the government might not secure enough support to pass the bills in the Dewan Rakyat if they proceed with the plan next week.

"On that basis, we as a group of opposition MPs would suggest that the government postpone its plan to table the bills for second and third reading.

"Instead, they should refer the proposals to a special PSSC and introduce the appropriate amendments.

"(If they still proceed), the government will not only lose the support of opposition MPs but might also fail to get votes from non-opposition members of the Dewan Rakyat," he said.

Takiyuddin was referring to a group of PKR lawmakers who recently urged Putrajaya to consider amendments to its proposal on the separation of AG-PP roles, asserting that their support for the bill relies on such changes.

PM’s tenure

On limiting the prime minister's term to 10 years, Takiyuddin said the opposition is concerned about its constitutionality as the bill could undermine the power vested in the Yang di-Pertuan Agong.

Citing Article 40(2)(a) of the Federal Constitution, the PAS lawmaker said the king has the discretion to appoint a prime minister from among MPs whom he believes have the majority's support.

"(The Article) does not put any condition about five years or 10 years, so, in our opinion, this bill contradicts the discretionary power of the Yang di-Pertuan Agong provided by the constitution."

Takiyuddin added that such a proposal should also go through the Conference of Rulers first for their consent, as it directly concerns the monarch's power.

Failure by the government to seek the Malay rulers' consent would render the law invalid, he claimed.

‘Copy-and-paste’ job

Regarding the separation of AG-PP roles, Takiyuddin criticised the government for doing a "copy-and-paste" job with the proposal, particularly on the provision concerning the PP's discretionary powers.

While the bill aims to separate the prosecutor's role from that of the AG, he said it still fails to address the problem of an official wielding vast powers to initiate, conduct, or discontinue criminal proceedings without accountability.

"What concerns us now is that this proposal does not show anything that would place accountability or a check and balance on the AG or PP.

"In the constitution, it is provided that a minister must be accountable to Parliament and the cabinet, but the public prosecutor does not have to be accountable to anyone.

"That is why we are proposing this issue to be referred to a special PSSC, and possibly discussed with other parties as well, like NGOs," he said.

As a form of checks and balances, Takiyuddin said the opposition proposes that the power held by the PP should be open to judicial review. - Mkini