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Monday, June 10, 2019

LATEEFA KOYA - BETWEEN THE ACT AND THE MANIFESTO, THE ACT PREVAILS - By Norman Fernandez



Here is Norman Fernandez with an astute analysis of the people criticising Lateefa Koya's appointment to the MACC. Norman is a practising lawyer.


Lateefa Koya’s appointment as the MACC Chief Commissioner would not have been an issue if not for the Anwarista wolf-pack. 

Just what is so wrong when under the MACC Act, its’ Chief Commissioner is appointed by the King ‘on the advice of the Prime Minister’. 

Further, the Act also states that where the King is required to act’ in accordance with the advice, the King is required to accept and act in accordance with such advice. 

In short the King has no power to refuse, delay or reject the prime minister’s recommended candidate. To put it bluntly, the King has NO choice but to comply.

The Chief Commissioner being a creature of the MACC Act need not be an appointee from within the public service and as such and as has been shown, the prime minister has untrammelled discretion to appoint any candidate he deems fit. 

Thus, Tun Dr Mahathir, has acted within the ambit of the Act.

Those now baying for Lateefa Koya’s removal, hold  the Pakatan Harapan's Manifesto sacrosanct and highlight that the manifesto, among others, states that  “Key national positions such as appointment to... (the Malaysian Anti-Corruption Commission), must be approved by a suitable Parliamentary committee.” 

It is further assumed that selection by the “suitable Parliamentary committee - read Parliamentary Select Committee - is designed to reduce the prime minister’s power to intervene and influence such positions.

What is most perplexing is that those who are demanding that Lateefa Koya’s appointment is an affront to the Pakatan Harapan’s manifesto, conveniently kept quiet when it came to the appointment of :
  • the Attorney-General
  • the Election Commission Chairman
  • the Chief Justice and 
  • the Inspector General of Police 

They concurred silently with the prime minister, when he said that the Pakatan Harapan’s Manifesto is not a bible. 

In any event, every passing day the Pakatan Harapan’s Manifesto is looking like  meaningless trash and a gravestone of unfulfilled promises.

Admittedly, Lateefa Koya is a high profile politician (well ex, now) and If her credibility and appropriateness for the position are questioned, then surely the credibility of the Attorney General and both the Chairman and Deputy Chairman of the Election Commission should also require the equal fine tooth comb scrutiny, particularly when we know where their political alignments tilted in the past.

It’s alleged that Lateefa Koya’s appointment, by virtue of her affiliation with PKR, would effect the public trust and confidence in MACC. Really? 

The naked truth is the public trust and confidence in Pakatan Harapan and in particular PKR is waning and not the appointment of Lateefa Koya

In fact, Lateefa Koya is under attack only by the Anwarista camp.  Just look at the wolf pack led by Setiawangsa’s MP Nik Nazmi Nik Ahmad and Wangsa Maju’s MP Tan Yee Kew, all Anwar Ibrahim’s clique and coterie who are questioning her appropriateness for the position. 

While Azmin Ali welcomed her appointment, notice how Anwar Ibrahim was calling for an explanation by the prime minister. 

The opposition to Lateefa Koya is not because she is not from within MACC, not because she is a woman, she was not a prosecutor or that she was a high profile PKR politician.

The opposition against Lateefa is because she has been a strident critic of Anwar Ibrahim and the “Istana Bukit Segambut” political mafia. 

Sometimes, you wonder just what is worrying this gang. It is they who are fuelling the campaign to make Lateefa Koya step down or Tun Dr Mahathir to withdraw her appointment. Thankfully, Tun Dr Mahathir has answered with a firm, No.

Lateefa Koya, should just dig in, get on and do her job, fearlessly and professionally. She has already said that. Just go after each and every corrupt crook and if any from her detractors gets snared, so be it.

(normanfernandez)

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