Malaysians want the best AG irrespective of race

On May 9, Malaysians crossed the boundaries of race and religion and came together shedding their fear and suspicion to throw out a corrupt regime that had plundered and looted the country without a tinge of conscience.

The racial and religious card that corrupt politicians had successfully deployed for six decades in order to remain in power finally failed them. Malaysians rose above this ruse to save the nation that was tottering on the verge of a financial collapse.

The prime minister’s appointment of Lim Guan Eng as the finance minister was well received as Lim was highly qualified for this post. He did not disappoint us. He went to work immediately and unearthed the colossal financial disaster that is threatening the well-being of this nation.

In a similar vein, Dr Mahathir Mohamad the prime minister who brooks no nonsense when it comes to the welfare of the nation recommended Tommy Thomas, who is one of the foremost constitutional experts renowned for his expertise on constitutional matters for the post of attorney-general, replacing the thoroughly discredited AG Apandi Ali. Thomas would be the ideal choice for this position.

This was the unanimous choice of Pakatan Harapan leaders. They wanted the best for the nation and they had no qualms in choosing the best to fill this very important post. That decision transcended the consideration of race and religion in the interest of the country and signalled a radical departure from those of the previous BN regime, bogged down as it repeatedly was by the six decades by considerations of race and religion.

According to online media, Mahathir had written to the Yang di-Pertuan Agong more than 10 days ago, asking our Malaysian king to remove Apandi and replace him with Tommy Thomas as the new attorney-general.

But apparently and unfortunately, the Agong did not act on this. It is learnt that the Agong wanted a Malay/Muslim to fill this post and his stance was supported by the other rulers as well. This development is very disturbing and dangerous to a parliamentary democracy that we practise. It is an unhealthy development which portends a dire consequence.

It is a fact that, going by the provisions of the constitution, the PM has the sole discretion in this appointment. As such, according to some legal experts, the Agong is obliged to act on this matter without any reservation whatsoever; otherwise, it might create a needless constitutional crisis that we seem to be heading to.

Way back in our parliamentary history, there was an occasion when the Agong refused to give assent to a government bill, thus causing a constitutional crisis. This impasse was overcome by an amendment to the constitution whereby when assent is refused by the Agong, the Bill would be deemed to have received such assent after a lapse of 30 days. This amendment was repugnant to our democratic notion of a constitutional monarchy but what choice did the government have then?

Would Harapan resort to a similar recourse to overcome this present impasse? Only time will tell.

It is difficult to understand why a Malay/Muslim should be appointed to occupy this exalted position. After all why was Gani Patail, a Malay/Muslim AG, removed? Wasn’t he Malay enough? To make matters worse, he was shamelessly removed through an expediently concocted lie that claimed Gani was removed on health grounds.

Now he is back as the head of this investigation panel to probe into the 1MDB scandal. Is his health no longer an issue now? The man who replaced Gani as the AG is a Malay/Muslim. How did he discharge his duty? He deliberately lied that Najib did not commit any wrongdoing just to clear him of any wrongdoing. This took place on Jan. 26, 2016.

The MACC that was reconstituted by removing those who were seriously investigating the 1MDB also cleared Najib. The head of the MACC then was also a Malay/Muslim. This convenient clearance was reported by Minister in the Prime Minister’s Department Azalina Othman in a written reply in Parliament on March 19, 2016.

Why is the monarchy obsessed with the idea of a Malay/Muslim? It is difficult to fathom. As for this notion that all key positions should be held by Malays, the former newspaper editor, A Kadir Jasin, offered a scathing response:

"What's the use of having Malays in high positions if that Malay is cruel, corrupt, and someone who collaborates with thieves and speculators?” he asked, adding that “integrity was more important than race.”

Indeed, Kadir hit the nail on the head. Rafidah Aziz the former minister, felt strongly that we should move ahead by embracing “ketuanan Malaysia.” This is sound advice, reflecting how Malaysians have moved forward in a collective effort to bring about a new Malaysia.

Tommy Thomas is a man of conscience and commitment. He is eminently qualified to occupy this post. He had loyally answered the call of duty to serve the nation. Such a person is a credit to the country and Malaysians are proud that he has come forward to serve the nation.

An important question arises from this unnecessary controversy: Does a popularly and legitimately elected government have the right to appoint a person of its choice to any position of authority in representing the mandate given by the voters?

Can this right be frustrated by any quarter, from howsoever high, and for whatever reason?

The Harapan leadership should draw strength in the saying, “Doing the right thing isn't always easy – in fact, sometimes it's real hard – but just remember that doing the right thing is always right.”

Remember, leaders are people who do the right thing; managers are people who do things right. – Warren Bennis Mkini