Sunday, June 3, 2018

FURORE OVER AGONG’S PURPORTED REFUSAL TO RESPECT MAHATHIR’S CHOICE OF AG: ‘STAY ABOVE POLITICS UNLESS YOU’RE AN ELECTED REP & STOP THE RACIAL NONSENSE – IF OBAMA CAN BE U.S. PRESIDENT, WHO ARE THE ROYALS TO INSIST TOMMY THOMAS CANNOT BE AG’

MALAYSIANS have come out to support the idea of Tommy Thomas for attorney-general following news that the renowned lawyer has been proposed by the new Pakatan Harapan government.
Social media users said the choice of A-G should be respected by the Yang di-Pertuan Agong, who had reportedly requested for another candidate to replace Mohamed Apandi Ali.
“The choice of the government of the day should be respected. The royals should be above politics,” Anizam Ahmed wrote on Facebook.
Others vouched for Thomas’ credibility, saying he was best suited for the top job.
“The best man for the job! Rulers must follow advice of duly elected prime minister. There should be no interference by the rulers,” Terence Yeoh said.
Chan Tsu Chong wrote on Twitter that Tommy Thomas would be an excellent A-G given his expertise, skills and progressive approach to the law.
They were commenting on a The Malaysian Insight report that PH had written to the Yang di-Pertuan Agong asking for the removal of Apandi and to replace him with Thomas, the unanimous choice of the PH government.
Amanah, Bersatu, DAP and PKR felt that the appointment of a respected legal name would send the right signal to Malaysians and the rest of the world that the new government was serious about reforming the country’s institutions.
Also, the appointment would ensure the presence of a skilled litigator in the chambers to handle all high-profile cases, including the prosecution of those involved in the 1MDB scandal.
The Malaysian Insight understands that the Yang di-Pertuan Agong and other Malay rulers want the A-G to be a Malay-Muslim.
However, bloggers such as Syed Akhbar Ali have pointed out that the constitution does not say that the position must be filled by a Malay-Muslim.
Another commentator, Victor Yen, said it was time that Malaysians look beyond race and religion in such matters.
“The Americans could have a negro as their president, why can’t Malaysians have someone other than a Malay to be A-G? Do we want to move forward or backward? The choice is yours,” he said on Facebook.
“Until and unless candidates for office are considered based on merit and skill, and not on race and religion, Malaysia will go nowhere,” said Twitter user Edward Kuruvilla.
“Any practicing lawyer will tell you Tommy Thomas is more than qualified to be appointed A-G. Tun M must see this through,” said Kuruvilla.
Another Facebook user, Jassy Cheam, said Malaysians knew how to respect each others’ sensitivities.
“We are educated and intelligent people. We know how to respect each other. We are Malaysians. Stop segregating us as Muslim and non-Muslim! It’s so sad. How can we progress?” – https://www.themalaysianinsight.com

KING MUST APPOINT A-G BASED ON PM’S ADVICE, SAY CONSTITUTIONAL LAWYERS

THE Yang di-Pertuan Agong must appoint the new attorney-general according to the prime minister’s advice, constitutional lawyers said.
“The King must act on the advice of the prime minister. There is no choice.
“If he doesn’t, for ill health or other reasons, then the Deputy Yang di-Pertuan Agong (Sultan Nazrin Muizzuddin Shah) can step in,” constitutional lawyer and former law expert at Universiti Malaya Dr Gurdial Singh Nijar told The Malaysian Insight.
Gurdial’s comments follows a Malaysian Insight report that Prime Minister Dr Mahathir Mohamad had written to the King more than 10 days ago, seeking the removal of Mohd Apandi Ali as A-G.
Dr Mahathir wants Apandi replaced with top lawyer and constitutional expert Tommy Thomas. The decision has the backing of all four parties in the new Pakatan Harapan government.
All PH parties – Amanah, Bersatu, DAP and PKR – felt that the appointment of a respected legal name would send the right signal to Malaysians and the rest of the world that the new government was serious about reforming the country’s institutions.
The appointment would also ensure the presence of a skilled litigator in the chambers to handle all high-profile cases, including the prosecution of those involved in the 1MDB scandal.
However, it is understood that the Palace and other Malay rulers want Dr Mahathir to recommend a Malay-Muslim candidate.
Another constitutional lawyer Syahredzan Johan said the King and the Council of Rulers have no constitutional basis to interfere in the appointment.
“The King does not have the discretion to choose the attorney-general. He must do so at the advice of the prime minister.
“The Council of Rulers have an even lesser role. The King does not need to consult the Council of Rulers,” said Syahredzan.
He added that the Federal Constitution did not stipulate that the attorney-general must come from a specific ethnic or religious group.
“The only requirement is that the person must be qualified to be a Federal Court judge,” he said.
To qualify as a Federal Court judge, a person must be a Malaysian and who has served at least for a decade as a lawyer or a member of the judicial and legal service, or both, according to Article 123 of the Federal Constitution, he said.
He said the King should expedite the appointment of the new attorney-general.
“Although the solicitor-general is carrying out the duties of the attorney-general temporarily, there are a lot of cases that needs to be reviewed by the new attorney-general, like the (corruption) charges against (Finance Minister) Lim Guan Eng.” – https://www.themalaysianinsight.com/
THE MALAYSIAN INSIGHT

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