We've had non-Malay A-Gs before, say lawyers

Kamles Kumar Kamles Kumar Updated 8 years ago · Published on 4 Jun 2018 7:00AM · 7 Comments

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. – June 4, 2018.

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Comments

  • Goes to show how brainwashed a big part of the population are in our true history...FT UMNO Youth leader accuse the govt of trying to create a "liberal" state.. TUNKU ABDUL RAHMAN IS STATED THAT HIS MALAYSIA IS A "LIBERAL" STATE..

    Posted 8 years ago by Bigjoe Lam · Reply

  • Very true! As a kid I remember then Attorney-General Athi Nahappan whose family my late Girl Guides aunt was friends with, at Port Dickson beach, and also happened to eat some of their lunch that day..

    Posted 8 years ago by MELVILLE JAYATHISSA · Reply

  • There seemed to be a "Kelantan PAS" mentality creeping in.

    Posted 8 years ago by Awang Top · Reply

  • If the rule of law is to prevail, then the provisions of the constitution should be paramount. And if the latter permits the appointment of a non-Malay/Muslim as an AG so be it. The YDPA should respect the wishes of the PM and the people who have elected him. Don't continue to play the race/religious card anymore.

    Posted 8 years ago by Norman Angus · Reply

  • The progressive erosion of democracy has created unprecedented misunderstanding of the rule of law in Governing the Nation. Interference with the
    PM's role and duty to the people.

    Posted 8 years ago by Kukananthan Gnanamoorthy · Reply

  • https://www.change.org/p/every-malaysian-and-voters-support-tommy-thomas-as-new-malaysian-ag

    Posted 8 years ago by Joshua Cheong · Reply

  • The royalties did not take action when MACC approached the COA twice on the money stolen through 1MDB. Also there was neither a squeak when Apandi was appointed by Najib in place of Gani Patail which was clearly a conspiracy under the most suspicious circumstance. The royalty did not speak up either when the contract of Apandi was extended over his retirement age. Now the royalties are in full force going up against a clean and uncorrupt candidate who is supported by a Government elected by the rakyat. What do you think the rakyats' opinion on the royalties?

    Posted 8 years ago by Ez 24get · Reply