The Malaysian Bar has urged the Yang di-Pertuan Agong to bring a swift end to the impasse on Pakatan Harapan’s choice of attorney-general.
Bar president George Varughese said the attorney-general has a key role to play as the government’s principal legal advisor and public prosecutor, and therefore there should be no further delay as current attorney-general Mohd Apandi Ali has already been on garden leave for three weeks.
He added that Article 145(1) of the Federal Constitution already stipulates that the Agong shall appoint a qualified person as attorney-general on the advice of the prime minister.
The Malaysian Bar has urged the Yang di-Pertuan Agong to bring a swift end to the impasse on Pakatan Harapan’s choice of attorney-general.
Bar president George Varughese said the attorney-general has a key role to play as the government’s principal legal advisor and public prosecutor, and therefore there should be no further delay as current attorney-general Mohd Apandi Ali has already been on garden leave for three weeks.
He added that Article 145(1) of the Federal Constitution already stipulates that the Agong shall appoint a qualified person as attorney-general on the advice of the prime minister.
“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 the advice of the prime minister, as the new attorney-general, and end the impasse without delay,” Varughese said in a statement last night.
Prime Minister Dr Mahathir Mohamed has nominated veteran lawyer Tommy Thomas (photo) for the post of attorney-general.
However, the process had reportedly reached a stalemate due to the Conference of Rulers’ insistence that the attorney-general ought to be a Muslim.
Mahathir had said yesterday that efforts were being made to convince the Agong of Harapan’s choice.
Varughese said the appointment of an attorney-general should not be stifled by “extraneous views”.
“The exercise of the constitutional duties by the Yang di-Pertuan Agong in the appointment of the new attorney-general should not be stifled by extraneous views that take into consideration any criteria that are without constitutional basis, based on irrelevant considerations, or which could be deemed to be arbitrary or discriminatory.
“The Yang di-Pertuan Agong must perform the role of a constitutional monarch strictly in accordance with the provisions of the Federal Constitution,” he said.
Varughese added that the appointee ought be an experienced lawyer with all-around legal skills and expertise in public law, and one who is widely regarded as independent and can implement the government’s reforms fairly and impartially.
“It must also be a prerequisite that the new attorney-general possesses an unimpeachable reputation and character, integrity, honesty and has sound legal knowledge and learning.
“Such an appointment would augur well for the many institutional reforms that the government is introducing to birth a new beginning for our nation,” he said.
Article 145(1) of the Federal Constitution states that the attorney-general shall also be a person who is qualified to be a federal judge.
This is spelled out in Article 123 as a Malaysian citizen who, in the 10 years preceding his appointment, had been “an advocate of those courts (Federal Court, Court of Appeal, or High Court) or any of them or a member of the judicial and legal service of the Federation or of the legal service of a state, or sometimes one and sometimes another.”
The Malay Rulers are set to hold a special meeting to deliberate on the appointment of the attorney-general tomorrow. Mkini
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