THE institutional reform committee, which held its first meeting today, seeks to curb the prime minister’s power to appoint the heads of various bodies and enforcement agencies.

The agencies include the Attorney-General’s Chambers, Judicial Appointments Commission, police, Malaysian Anti-Corruption Commission and Election Commission.

The committee will have 60 days to make its recommendations to the government. The recommendations will likely include the repeal of or amendments to laws seen as empowering the executive branch of government.

Committee member and former Court of Appeal judge K.C. Vohrah said the committee’s main focus is to address perceived corruption caused by the erosion of “pillars of good governance”.

He said there will be an emphasis on strengthening the rule of law and the separation of powers between the executive, judiciary and legislative.

Present at today’s meeting were former Court of Appeal judge Mah Weng Kwai, National Patriots Association president brig gen (rtd) Mohamed Arshad Raji, Tunku Abdul Rahman Professor of Law at Universiti Malaya Shad Saleem Faruqi and National Human Rights Society president Ambiga Sreenevasan.

The committee will submit its report to the Council of Eminent Persons, which has said economic reforms must be accompanied by institutional ones.

“We will look at the appointments, which only the prime minister can recommend, because that was what caused a centralisation of power in the executive,” said Ambiga.

“We will look at that and see whether it can be more independent of the executive.”

Towards this end, the committee will recommend the separation of the role of the attorney-general from that of public prosecutor.

Mah and Shad said laws that need “immediate attention” are the Anti-Fake News Act, Printing Presses and Publications Act, and “some aspects” of the Official Secrets Act.

Ambiga said some of the reforms could involve amending the constitution, “but there’s quite a number that won’t involve amending the constitution. They are possibly structural changes, not just changes in legislation”.

Shad said a reform of parliamentary procedures and committees can be carried out by amending the standing order of each house.

“If the chairman of the Public Accounts Committee shall be a member of the opposition, like in England, that doesn’t require legislation. That’s merely a matter of rules and processes.”

The committee will also consult stakeholders, and may establish sub-committees to undertake enquiries before presenting its recommendations to the government through the Council of Eminent Persons in July.

“We need to collate recommendations (by lawyers’ and other groups) and (they will) update and hold enquiries to brief us on their recommendations,” said Ambiga.

“And of course, the institutions themselves will be invited to give their input as to how the reform should take place.

“There is no doubt this is a humongous task. Some things can be done quickly, so I’m hoping to look at short-term things that can be done immediately, while some things will be long-term.

“You can judge the situation we’re in by the way the institutions have been performing. The public can judge.”

Vohrah said key institutions have “suffered a crisis of public confidence” and the erosion of independence, such that the “pillars of good governance”, including the separation of powers and the rule of law, have been eroded.

“And, there are also various legislation that have removed or seriously infringe on fundamental liberties as provided for by the federal constitution.

“The emphasis is the rule of law and accountability. There is a need to strengthen the rule of law by strengthening the institutions that underpin a democratic system.” – May 16, 2018.