“MUHYIDDIN: I didn’t appoint Azam Baki” was a headline I saw on January 10, 2022.

Former prime minister Muhyiddin Yassin said he did not specifically appoint Azam Baki as Malaysian Anti-Corruption Commission (MACC) chief in March 2020 during the former’s tenure in office. 

Almost two years into Azam’s appointment, Muhyiddin said Azam was a recommendation from Chief Secretary to the Government Mohd Zuki Ali. 

“It is not me who appointed him. He was (endorsed) by a committee led by the chief secretary to the government, who proposed his name,” Muhyiddin reportedly said.

Muhyiddin’s belated clarification came about after Pengerang MP Azalina Othman Said – currently law and institutional reform minister – asked if he had done the necessary background checks before making Azam MACC chief in March 2020.

Yesterday, Zuki announced Azam has been reappointed MACC chief commissioner for a year, effective tomorrow.

If the prime minister did not appoint Azam, can it be said the prime minister does not reappoint him?

The MACC was established under section 4 of the MACC Act 2009. Its chief commissioner is appointed under section 5 of the act, which provides as follows: 

(1) The Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a chief commissioner of the MACC for such period and on such terms and conditions as may be specified in the instrument of appointment.

(2) Where the chief commissioner is appointed from among members of the public services, the period of appointment of the chief commissioner shall not extend beyond the date of his compulsory retirement from the public service, but where he so attains the age of compulsory retirement he may be reappointed as chief commissioner by the Yang di-Pertuan Agong, on the advice of the prime minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment.

Tomorrow, Azam turns 60 – the age of compulsory retirement for a member of the public service. As announced by Zuki, Azam’s reappointment is under section 5(2) above – a reappointment by the king on advice of the prime minister.

Thus, no prime minister can disclaim his role in the appointment of an MACC chief. The prime minister advises the Agong, who makes the appointment. 

Prime Minister Anwar Ibrahim, however, reportedly said he does not mind if a parliamentary committee decides whether a new MACC chief should be appointed or Azam’s contract be extended.

“The new method to appoint the MACC chief will depend on the progress made in parliament. If the mechanism decided is on the recommendation of Transparency International then it must be reviewed by the Attorney-General’s Chambers and a parliamentary select committee. If it is doable then I have no problem, but the process must be respected,” he told the Dewan Rakyat.

Anwar was responding to Mas Ermieyati Samsudin’s (Masjid Tanah-PN) question about how the government will appoint the new MACC chief when Azam’s term ends, and whether the prime minister can guarantee the process will be brought to a special committee and the Dewan Rakyat.

A parliamentary committee has no force of law, but bringing the process to such a body to ensure transparency in key government appointments is an important step towards better check and balance, in line with the unity government’s reform agenda.

Did Anwar take that route before advising the king to reappoint Azam? – May 11, 2023.

* Hafiz Hassan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.