WHY POLITICIZE AG PICK, WHO STANDS TO BENEFIT? NON-MALAY, NON-MUSLIM AG NOT NEW, WE’VE HAD THEM BEFORE – LAWYERS

MALAYSIA has had non-Malay-Muslim attorneys-general (A-Gs) before, so what is the current fuss about, asked lawyers as the debate over Tommy Thomas as the next A-G hits fever pitch.

Constitutional law expert at Universiti Malaya Gurdial Singh Nijar said there were famous non-Malay A-Gs before, like Cecil M. Sheridan and Athi Nahappan, whom the Yang di-Pertuan Agong (YDPA) at the time had no problem appointing.

“There should be no objection now, looking at history. There is precedent for it already. There is no confusion now,”   Gurdial told The Malaysian Insight.

The non-Malay-Muslim A-Gs who have served in the past include Thomas Vernor Alexander Brodie (1955-1959), Sheridan (1959-1963) and Nahappan (1970-1974).

But from 1977 onwards, all seven A-Gs have been Malay-Muslim.

Gurdial said the YDPA’s discretion in the matter is only a formality, and it is ultimately up to the government of the day to choose whoever it is most comfortable with.

“The A-G is the lawyer for the government. The government must be comfortable with that particular lawyer to accept whatever advice he gives.”

Prime Minister Dr Mahathir Mohamad has said Putrajaya will not submit any other names for the position of A-G, adding that the government’s decision to name Thomas was done according to the law.

However, it is learnt that the YDPA and other Malay rulers want the A-G to be a Malay-Muslim. The Malay rulers are preparing to gather for an emergency meeting in Kuala Lumpur tomorrow over the matter.

Lawyers for Liberty executive director Eric Paulsen said Malaysia’s first and second A-Gs were non-Malay, so he does not see any reason why Thomas should not be appointed.

“The only qualification is that the candidate is qualified to be a judge of the Federal Court, and there is no requirement for the person to be a Malay-Muslim, if it is indeed true that that was the bar.

“In fact, the first and second A-Gs of the country were non-Malay-Muslim,” he told The Malaysian Insight.

Lawyers For Liberty executive director Eric Paulsen says shariah proceedings do not fall within the A-G’s purview. – The Malaysian Insight file pic, June 4, 2018.

Paulsen added that the A-G has no legal basis to be involved in shariah proceedings, and can only advise the government or YDPA on them.

“The A-G is basically the chief legal adviser to the government on essential issues regarding the law and constitution. Therefore, why should his or her race or religion be a criterion?  

“Furthermore, the A-G is constitutionally barred from being involved in shariah proceedings.”

Dr Mahathir’s lawyer, Haniff Khatri Abdullah, said the individual that gets appointed as A-G needs to fulfil three criteria – advising the government on every legal policy, including shariah matters, assisting the government in matters related to the federal constitution, and acting as a public prosecutor.

“The candidate is not important, but the criteria are important.”

The Malaysian Insight has reported that Putrajaya had written to the YDPA, asking for the removal of current A-G Mohamed Apandi Ali and replacing him with Thomas, who is the unanimous choice of the PH government.

Amanah, Bersatu, DAP and PKR feel that the appointment of a respected legal name will send the right signal to Malaysians and the rest of the world that the new government is serious about reforming the country’s institutions.

Also, it will ensure the presence of a skilled litigator in chambers to handle high-profile cases, including the prosecution of those involved in the 1Malaysia Development Bhd scandal.

– https://www.themalaysianinsight.com