Govt and Malay rulers in standoff over choice of new A-G

The Malaysian Insight The Malaysian Insight Updated 5 years ago · Published on 2 Jun 2018 5:55PM · 31 Comments

A CONSTITUTIONAL crisis could be looming between the newly-elected Pakatan Harapan government and the Malay rulers over the appointment of the new attorney-general.

More than 10 days ago, Prime Minister Dr Mahathir Mohamad wrote to the Yang di-Pertuan Agong asking that he remove Apandi Ali as the A-G and replace him with top lawyer and constitutional expert Tommy Thomas, the unanimous choice of all PH leaders.

Amanah, Bersatu, DAP, and PKR felt that the appointment of a respected legal name would be the right signal to send to Malaysians and the rest of the world that the new government was serious about reforming the country’s institutions.

Also, this appointment would ensure the presence of a skilled litigator in the chambers to handle all high-profile cases, including the prosecution of those involved in the 1MDB scandal.

But that letter from Dr Mahathir to the King has not been acted on, leading to a standoff between the popularly-elected government and the palace.

Instead, there have been messages relayed from the palace, seeking that PH drop its choice of Thomas.

Dr Mahathir was asked to consider several candidates, including a former high court judge and a serving court of appeal judge.

The Malaysian Insight understands that other Malay rulers have also supported the King’s position, adamant that the A-G should be a Malay/Muslim.

This impasse and possible constitutional crisis was alluded to by two noted bloggers close to PH.

In a post titled “Another Crisis Brewing: Country is Not Out Of Danger Yet”, Syed Akbar Ali said that Dr Mahathir’s choice for the A-G position was being blocked because he was not a Malay or Muslim.

“There is nothing in the federal constitution which says that non-Malays and non-Muslims cannot be appointed as the attorney-general, ” he noted, adding that cabinet and key civil service appointments were the sole discretion of the PM.

Dr Mahathir and PH leaders have refused to back down. They still believe that Thomas is the best man for the job. The plan is to offer the 66-year-old a two-year contract as the A-G. He ‎wants to return to private practice after that.

At the core of this standoff is the question: Should key appointments to the government be the purview of a popularly-elected prime minister, or must he bow to the wishes of a constitutional monarch?

‎Blogger Kadir Jasin noted that the federal constitution puts clear limits on the authority of a constitutional monarch.

As for this notion that all key positions should be held by Malays, the former newspaper editor offered a scathing response.

“What’s the use of having Malays in high positions if that Malay is cruel, corrupt, and someone who collaborates with thieves and speculators?” he asked, adding that integrity was more important than race.

Political observers said that the Malay rulers had no reason to worry about Malay rights being overlooked under a non-Malay A-G.

The duty of looking after Malay interests and Islam can easily be ‎handed over to the Solicitor-General.

Observers also warn that the Malay rulers should be careful because there is already a view among Malaysians that there was an unnecessary delay by the palace in swearing in Dr Mahathir as prime minister after GE14.

Given the euphoria in the country and the reservoir of goodwill and affection Dr Mahathir has earned from ordinary Malaysians for saving the country from Najib Razak, ‎it is clear who they will support in this impasse. – June 2, 2018.

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Comments

  • Fact of the matter many still do not get it, including the Rulers - there is 20 years of data that suggest "ketuanan" and Islamo-politics has been failing..Ignoring the obvious is just blind..

    Posted 5 years ago by Bigjoe Lam · Reply

  • Get substandard top civil servants, just because they are Malay/Muslims, and we will lose Malaysia piecemeal ....... like Petra Blanca ...... some people just never learn. Other countries recruited their top brains ......while ours think race and religion are more important .... no wonder Malaysia is regressing ...

    Posted 5 years ago by Malaysian First · Reply

  • Very unfortunate that racist sentiments appear in highly unexpected quarters.

    Posted 5 years ago by Xuz ZG · Reply

  • P.M. Tun have to act according to what the constitution say.

    Posted 5 years ago by Mohanarajan murugeson · Reply

  • It is sad, that to stay in power, Umno has spooked the Malays to believe that if other races occupy high position their race n religion will be threatened. And Umno has successfully lied to the country. Non Muslims will never want to dispute the position of Malay n Islam in the country according to the constitution. When can we see a new Malaysia when everyone can see beyond race n religion n just see ourselves as Malaysians? How happy will that day be!

    Posted 5 years ago by Peace Maker · Reply

  • Since the sultans have adopted an unconstitutional stand and broken the law..there are only 2 things to do. Charge them under the special court or call for a referendum to dissolve the monarchy and once they are common men charge them for treason and send them to Simpang Renggam. The new army chief should post soldiers all around their palaces to make certain they dont berjamban and scoot off to another country and hide in am oil palm plantation.

    Posted 5 years ago by John Sleven · Reply

  • I have confidence PH will come out the winner. btw,Malaysian Insight - you do not sign your article with the authors name ?

    Posted 5 years ago by Sivasakthi Sivagnanam · Reply


  • Tommy Thomas is a top legal mind in the country. What do we need – kulit or kualiti? Since it is the prerogative of the Prime Minister to appoint the AG, the PH government must stand firm and not back down. Backing down on this will set a precedent that will stifle the cleaning up that this country so badly needs, and God knows what else will be objected to by the Rulers on the grounds of race and religion. Appointing a non-Malay /non-Muslim does not mean disrespecting the Royalty or harming the Malays in any way. The Royalty’s stance (if it is true that The Royalty is not in favour of Tommy Thomas as the AG) is the same thing that Zakir Naik preached in Jakarta – i.e. a bad Muslim that goes to the mosque (and therefore has ‘iman’) is a better leader than an upright non-Muslim who does not go to the mosque!


    Posted 5 years ago by Ravinder Singh · Reply

  • The Agung should rule free from practicing race or politicking.

    Posted 5 years ago by Jayakumar Balakrishnan · Reply

  • This is a new Malaysia, the Rulers have to understand and move with the flow. The people still have utmost respect for the Rulers. But ultimately the people has spoken, loud and clear that they want PM and his cabinet to lead us in this difficult time. Making things difficult will only make the people difficult.

    Posted 5 years ago by Awang Top · Reply

  • It is sad to hear such bias and racist commentary. Have not the rulers understood the winds of change is not ruled by race and the rakyat are fed up with the direction in which their leaders and rulers have allowed their beloved country to decline.
    Merit should be the basis on which people are hired, not race, religion or gender. These biases need to be removed.
    Wake Up!!

    MTV

    Posted 5 years ago by MATHEW VERGHESE · Reply

  • Are we non-Malays subjects of His Majesty. We pay our taxes, etc.

    Or are there two classes of subjects? Were they written in the original constitution?

    Posted 5 years ago by Tan CH · Reply

  • Syed Akhbar Ali in his post accused of Anwar Ibrahim and his PKR party are the ones that are sabotaging the appointment of the AG.

    Posted 5 years ago by Choo gan soon · Reply

  • Are we, non Malays and non- Muslims not subjects of the royalty ? Are we not citizens of this country? Ampun Tuanku, we the commoners are the ones who are relishing in the euphoria and bliss of a new Malaysia and we,adults are like small children,eagerly awaiting the country to be cleansed. Please do not spoil it.

    Posted 5 years ago by New Malaysian · Reply

  • We need to get on with the business of governance, national security, debt repayment, recovering our stolen funds and putting the culprits behind bars. Nominating the AG is the prerogative of the PM. What is wrong with Pakatan Harapan's nomination? Why the apparent impediment? What seems to be the real problem here?

    Posted 5 years ago by Roger 5201 · Reply

  • Our system of constitutional monarchy seems to be under stress lately in a series of key appointments in states such as Perlis and Pahang, and the reported tussle over the appointment of the new AG is the latest.
    If the report is true that the nominated AG is rejected by the Agong and certain Sultans on ground that he is not a Malay/Muslim, then this is a breach of two distinct principles of the Federal Constitution.
    First, breach of Article 40 (1) & (1A), where it is stated that the Agong shall act in accordance with advice of the Executive, and Article 145 clearly states that the Agong shall appoint the AG, on the advice of the PM.
    Second, breach of Article 8 (1) & (2) on equality, where it is stated that all persons are equal before the law, and that “there shall be no discrimination against citizens on the ground only of religion, race, descent or place of birth in any office under a public authority ….”.
    It is hoped that the Agong and all rulers will abide by the constitution, as otherwise, the suitability of constitutional monarchy for Malaysia may be put into doubt.


    Posted 5 years ago by Kim quek · Reply

  • Is it true the lawyer advising the Agong is the same one that did the second STATUTORY DECLARATION FOR PI BALA OF ALTANTUYA FAME.
    IF SO HE IS SEVERELY CONFLICTED AS HE MAY BE CHARGED BY THE NEW AG FOR CONSPIRACY TO CONCEAL THE FACTS OF A MURDER..

    Posted 5 years ago by Malaysian Nothingelse · Reply

  • The Federal Constitution overide any emotional and illogical display of authority by the Royal Household. Rakyat has effected their referendum in disposing off the old corrupted regime deploying religion and race to govern. Any party with desire to revert back to the old system and demolish the dreams of a new Malaysian Era, the Rakayat will have to refer back to Rakyat power to set things right. Know one place society please !!!!!!!!!!!!!!!!!!!!!!!!

    Posted 5 years ago by Lee Lee · Reply

  • I have great respect for constitutional monarchy. And I call for greater power for them by ammendment of the constitution.

    Posted 5 years ago by Ahmad Safuan Mokhtar · Reply

  • Not to worry too much here. During Dr. Mahathir's time as PM for 22 years, he came off tops with his standoffs with the Rulers, so it would be reasonable to assume that he will have his own way again with Pakatan's backing. The Rulers ought to be careful that they are not seen as being a stumbling block in the "SAVE MALAYSIA" campaign, which does really require rather drastic action to put things right again..

    Posted 5 years ago by MELVILLE JAYATHISSA · Reply

  • The truth is the monarchy are afraid of the law.if you get what I mean.

    Posted 5 years ago by Larry Sniper · Reply

  • The Agong need to be told that this kind of shenanigan will not be tolerated by the rakyat. The rakyat did not choose you. You were imposed on us. The rakyat wants institutions that will safeguard our new democracy. Who are you to stand in the way? Merit not race is what we want. You should respect that.

    Posted 5 years ago by Noureddine Kassem · Reply

  • The Agong need to be told that this kind of shenanigan will not be tolerated by the rakyat. The rakyat did not choose you. You were imposed on us. The rakyat wants institutions that will safeguard our new democracy. Who are you to stand in the way? Merit not race is what we want. You should respect that.

    Posted 5 years ago by Noureddine Kassem · Reply

  • In the eyes of God, all humans are equal, for no one would escape death & His Eternal Judgement! God never judge base on religions or skin colors but He sees through even the deepest part of every humans’ souls!

    Never bowed to any unrighteousness, being cursed & lived like one as slave! God bless Malaysia

    Posted 5 years ago by Seeking Truth · Reply

  • In reality present Government are choice of Malaysian to reform the country . Therefore, with all due respect Monarchy should be supportive to Malaysian choice and play supportive role in reforming the country or how the ruling government would rund the country.

    Posted 5 years ago by Abdul Rahman Abdul Razak · Reply

  • The King must follow the advice of the PM who has the full support of the rakyat. The rakyat must make their support for the PM loud and clear in forums, the media and a petition, if necessary

    Posted 5 years ago by A T · Reply

  • This is nothing about ketuanan melayu or whatever. This is about political appointment. Tommy Thomas is a political appointment. He was chosen within the PH without consultation with other elements that makeup check and balance in the constitution. He's just like a PH version of Apandi Ali. He serve the PH and it's supporters, not Malaysian as a whole. There's a reason why the approval of Agong is required for appointment of civil servant. A King is beyond political parties and their power in the state administration is limited. They provide excellent check and balance to prevent excesses by the ruling government. For decades BN government have been undermining this, and now PH government seem's intent on carrying on the BN legacy. The slanderous PH rumour mill have been spreading false information that the King want Malay Muslim as AG. This is false. What the King want is someone who has experience as High Court judge. Not just a barrister.

    Posted 5 years ago by Fadly A. Rahman · Reply

    • You are certainly correct... nothing to do with race... AG is an important post and must have experience as High Court or Federal Judge and at least work before in th AG office.
      As Lawyer and Judge is too different .
      It looks like PH is using him not because he is good in constitutions but using him for self interests to settle a number of PH legal cases.

      Many of the past AG have
      experienced as a judge or work before in the AG Chamber.

      How can Government allows media to publish sensitive word that HRH wants Malay judge as traditional before.
      Which is not true at all.

      Posted 5 years ago by KELVIN YEAP · Reply

  • All the component parties in PH have deliberated and selected the person they believe to be best qualified to replace the disgraceful Apandi. The King, already suspected of delaying the swearing in of TDM, now should be careful not to be seen as going against the PM and more importantly, the wishes of the rakyat. It has already been 10 days. There should not be any further delay to ensure this country has a fully functioning government. The rakyat is watching

    Posted 5 years ago by A T · Reply

  • Orang Melayu dan Islam harus memilirkan kembali sokongan kepada parti yang memerintah sekarang. Belum sampai 30 hari memerintah...sudah sampai ke tahap hendak memerangi dan memenjarakan Seri Paduka Baginda Yang DI Pertuan Agung. Rata2 yang bersikap kurang ajar dan dahagi kepada YAng Di Pertuan Agung terdiri dari bangsa cina, india, mamak dan segelintir melayu. INGAT,,, JATUHKAN BN..KAMI SETUJU...PINGGIRKAN PAS..KAMI SETUJU. TETAPI ISLAM DAN SULTAN JUGA ORANG BUKAN ISLAM HENDAK CABAR DAN PERANGI. BERHATI- HATI. DONT CROSS THE LIMIT

    Posted 5 years ago by Muhamad Nasarudin · Reply

  • I never heard of Tommy Thomas before let alone his pysique or race opps sorry can't use that word anymore under PH govt, nationality.Yes, that's the right word.Personally, I don't think Agong would pick someone to be AG based on race. Of course,Agong preferentially would pick someone with good languages not only well verse in English but Malay as well and if that person knows Kelantan dialect would be an added bonus.To be a Malaysian AG, you must know that you will be on air in front of millions of tv viewers and be able to speak fluent English and Malay is mandatory.I praise Lim Guan Eng whenever he speaks Malay because to my astonishment his command in Malay language is quite good. My advice to Tommy and the rest of ministers in PH govt, if your command of Malay is not that good,just walk away.You could embarass the new govt down the line just Ahmad Zahid did with his English under previous govt. And most importantly, don't blame Agong!

    Posted 5 years ago by Bujang Terlajak · Reply