King must appoint A-G based on PM's advice, say constitutional lawyers

Gan Pei Ling Gan Pei Ling Updated 5 years ago · Published on 3 Jun 2018 6:52AM · 16 Comments

The Yang di-Pertuan Agong must follow the advice of the prime minister in appointing the attorney-general, says law expert Dr Gurdial Singh Nijar. – The Malaysian Insight file pic, June 3, 2018.

THE Yang di-Pertuan Agong must appoint the new attorney-general according to the prime minister’s advice, constitutional lawyers said.

“The King must act on the advice of the prime minister. There is no choice.

“If he doesn’t, for ill health or other reasons, then the Deputy Yang di-Pertuan Agong (Sultan Nazrin Muizzuddin Shah) can step in,” constitutional lawyer and former law expert at Universiti Malaya Dr Gurdial Singh Nijar told The Malaysian Insight.

Gurdial’s comments follows a Malaysian Insight report that Prime Minister Dr Mahathir Mohamad had written to the King more than 10 days ago, seeking the removal of Mohd Apandi Ali as A-G.

Dr Mahathir wants Apandi replaced with top lawyer and constitutional expert Tommy Thomas. The decision has the backing of all four parties in the new Pakatan Harapan government.

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

The appointment would also 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.

However, it is understood that the Palace and other Malay rulers want Dr Mahathir to recommend a Malay-Muslim candidate.

Another constitutional lawyer Syahredzan Johan said the King and the Council of Rulers have no constitutional basis to interfere in the appointment.

“The King does not have the discretion to choose the attorney-general. He must do so at the advice of the prime minister.

“The Council of Rulers have an even lesser role. The King does not need to consult the Council of Rulers,” said Syahredzan.

He added that the Federal Constitution did not stipulate that the attorney-general must come from a specific ethnic or religious group.

“The only requirement is that the person must be qualified to be a Federal Court judge,” he said.

To qualify as a Federal Court judge, a person must be a Malaysian and who has served at least for a decade as a lawyer or a member of the judicial and legal service, or both, according to Article 123 of the Federal Constitution, he said.

He said the King should expedite the appointment of the new attorney-general.

“Although the solicitor-general is carrying out the duties of the attorney-general temporarily, there are a lot of cases that needs to be reviewed by the new attorney-general, like the (corruption) charges against (Finance Minister) Lim Guan Eng.” – June 3, 2018.

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Comments

  • It is nothing to do with race and no necessary to follow PM advice.
    HRH has many advisors from the Federal Judges and HRH cannot be Yes Men. Wrong decision, Malaysian will blame HRH for being too soft and not wise.

    I as Malaysian agreed to HRH carefully and must give cautious decisions approval. HRH look in every angle... one from Judiciary Council and another from Government.

    AG don't only look into constitution but many aspect in term of other laws and management of the Judiciary Dept.
    If the lawyer has not serve as a High Court or Federal or both judge how come can be AG.

    Yes one can be good in defence but not necessary for prosecution but unless undergo for a number of years.

    Most lawyers are good in defence and find loop hole to win the case whereas Good Judge thinks many ways to give best decisions for judgement in most cases.

    Our Agong believes and need to choose carefully. HRH do not want to chose blindly and to be Yes Men to the Government of the day.

    Remember HRH do not agreed to extend former IGP TS Khalid. If HRH is YES Men.. HRH could have extend his one more year for his post.

    Normally most of the AG are choose and have served as a judge in the High Court and Federal Court and also served in the AG Chamber before.
    A lawyer can be very good and expert in constitution but must not be too biased toward any politic party but strongly to Government. I am sure there are many independent and very judges to be chose from but why chose lawyer.. ?

    I maybe wrong but as I do not know much about Tommy Thomas. What I search in the Google he is a very famous lawyer and expert in constitutions.

    Posted 5 years ago by KELVIN YEAP · Reply

    • You should remember that the King did listen to Najib's advice and appointed Apandi. Why not now?

      Posted 5 years ago by Tanahair Ku · Reply

    • All the points you raised have already been considered by all the parties in PH before they decided on Tommy Thomas so there's no need to raise these matters. What is of importance now is whether the King can refuse to appoint the AG based on his PM's recommendation. From the many expert opinions I have read, it appears NOT! The King must be cautious if he does not want to bee seen to be (once again) playing the delaying game and going against the wishes if the rakyat

      Posted 5 years ago by A T · Reply

  • Here is a question to the Rulers - DO THEY WANT TO RECOVER AS MUCH AS 1MDB ASSET ABROAD AS WE CAN? The process to recover it is complicated, takes a first class legal mind OR the sharks in US will rob us blind. Tommy Thomas is the best qualified to do this job. ANYONE ELSE, you will lose some moeny maybe al lot of it.

    Posted 5 years ago by Bigjoe Lam · Reply

  • The Rukun Negara consists of five principles:

    1. Kepercayaan Kepada Tuhan ( Belief in God)

    2. Kesetiaan Kepada Raja dan Negara ( Loyalty to King and Country)

    3. Keluhuran Perlembagaan ( Supremacy of Constitution)

    4. Kedaulatan Undang-Undang ( Rule of Law)

    5. Kesopanan dan Kesusilaan ( Good Behavior and Morality)

    Posted 5 years ago by KT Hong · Reply

  • Fully agree. The King must follow the recommendation of the PM which is fully supported by the rakyat

    Posted 5 years ago by A T · Reply

  • Well, well, well.
    Race and religion have no place in the newly minted and rejuvenated New Malaysia.
    The most meritorious person who best fit the post should be appointed.
    Otherwise we'll remain as a third world country with a lot of wasted talent.

    Posted 5 years ago by Tom Kunzo · Reply

  • Kalaulah agama and bangsa sekali lagi menjadi titik penentuan, apalah beza dengan kerajaan yang lepas? Bukankah rakyat sudah bersuara dalam PRU14 supaya ada penukaran? Siapa yang layak, dialah yang perlu dilantik ke jawatan tersebut.

    Posted 5 years ago by Malaysia Forward · Reply

  • The only issue we need to satisfy ourselves, always, is what is best for the country? Simple. If the answer to that is Tommy Thomas, then let's ask no further and get him appointed.

    Remember, the AG's post comes with great powers, but also great responsibilities. The country needs (more so at this crucial time) someone of utmost integrity and caliber. It doesn't matter whether he's Malay, Chinese or Indian or any other race. Let's get this done now for the country.

    Posted 5 years ago by Mud fish · Reply

  • It is disturbing to note that the YDPA is politicising the issue of the appointment of the Attorney-General. The rulers are expected to be apolitical and neutral. They must follow the cardinal principles of the Federal Constitution. They should not create a constitutional crisis by flouting or not following the principles of the constitution. As pointed out by several legal experts, the YDPA acts on the advice of the Cabinet or the Prime Minister (Article 40(1)). We, Malaysians, request that the YDPA, as a constitutional monarch,
    adhere to this provision in the FEderal Constitution.

    Posted 5 years ago by Peter Johnson · Reply

  • YOU are YDP Agong BECAUSE OF THE CONSTITUTION.....REMEMBER THAT.
    Not jump out of the sky.
    NOW FOLLOW THE SAME CONSTITUTION THAT MADE YOU KING.
    Bukan susah sangat nk faham...

    Posted 5 years ago by Ramamurthi ram · Reply

  • Macam singa lapar..... Agong pun nak lawan.
    Apa yg aku tengok... majoriti loyer yang menentang dan mencabar SPBYDPA ni dari bangsa mamak, cina dan india... ada segelintir melayu... Aku yakin para loyer yang menyokong padu parti yang memerintah hari ini mempunyai agenda jahat yg tersembunyi. Awas.... betul PH telah menang fan membentuk kerajaan... tetapi INGAT...DONT CROSS THE LIMIT.

    Posted 5 years ago by Muhamad Nasarudin · Reply

    • That’s right Mr, keep telling yourself that!

      Posted 5 years ago by Dayang Fazrina Abang Yasir · Reply

  • Bangsa Melayu perlu fikir kembali sokongan kepada parti yang memerintah sekarang. Betapa rakusnya bila kuasa sudah di tangan... Seri Paduka Baginda Yang di Peetuan Agong pun mahu di cabar dan di lawan. Aku tertanya2... kemana perginya pahlawan2 melayu dalam Pakatan Harapan apabila Sultan Mohamad di hina oleh para peguam....

    Posted 5 years ago by Muhamad Nasarudin · Reply

  • The government was elected by the people in this parliamentary democracy. The Agong is a Constitutional monarch, a position that can be removed by an amedment or repeal of that part of the constitution. If the Agong continues to refuse to follow the advise of the PM , then we should do away with the Agong.

    Posted 5 years ago by Magnolia Chan · Reply

  • Maybe it time to remove the sultans

    Posted 5 years ago by Magnolia Chan · Reply