Lawmakers’ duty to people, not GLCs, say civil groups


Noel Achariam

Legal experts have said there is nothing unconstitutional or illegal about MPs holding positions in GLCs or statutory bodies. – The Malaysian Insight file pic, June 10, 2020.

LAWMAKERS should not hold positions in government-linked companies as they are elected to serve their constituents, said civil society groups today.

Bersih 2.0, Gabungan Bertindak Malaysia and Angkatan Belia Islam Malaysia said MPs and assemblymen should not have posts with remuneration in federal, state or local government agencies.

Bersih chairman Thomas Fann said GLCs must be filled with individuals with the relevant qualifications.

“They (lawmakers) are elected to look after their constituencies, and not elected to run GLCs.

“It is unreasonable to expect them to represent GLCs when their duty is to the people,” he told a press conference.

The Malaysian Insight has reported legal experts as saying there is nothing unconstitutional or illegal about lawmakers holding positions in GLCs or statutory bodies.

They said the misconception surrounding the matter may be due to a misreading of the federal constitution, and rules and regulations governing GLCs and statutory bodies.

It concerns two separate issues, they said.

Under Article 48(1)(c) of the constitution, “a person is disqualified from being a member of either house of Parliament if he holds an office of profit”.

Article 160 (2), meanwhile, states that “office of profit” means any whole-time office in public service.

These include appointments to judicial positions, as the auditor-general, as a member of the Election Commission or any other commission, and to any other office that may be declared by an act of Parliament as an office of profit.

Fann said GLC posts should not be used to entice lawmakers.

“GLCs should not be used as a tool or political reward to buy loyalty.”

Prime Minister Muhyiddin Yassin has so far appointed 16 MPs – eight from Barisan Nasional, PAS (5) and Gabungan Parti Sarawak (3)  – to head GLCs.

The appointments have been slammed by various quarters, with some critics voicing concern about conflicts of interest. – June 10, 2020.


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