Agong must act on PM's advice in appointing A-G, says Malaysian Bar

Updated 5 years ago · Published on 4 Jun 2018 9:49AM · 2 Comments

Malaysian Bar president George Varughese says there should not be further delays in the appointment of the new attorney-general. – The Malaysian Insight file pic, June 4, 2018.

THE Malaysian Bar today said it is “alarmed and deeply troubled” over the reported impasse regarding the appointment of the new attorney-general.

Bar president George Varughese, in a statement, said Article 145(1) of the federal constitution states that the Yang di-Pertuan Agong must act on the advice of the prime minister to appoint a person qualified to be the A-G.

“As a constitutional monarch, the Yang di-Pertuan Agong has a constitutional duty to abide by the federal constitution, which clearly stipulates that His Majesty must act on the advice of the prime minister.

“The Yang di-Pertuan Agong must, therefore, appoint the person, as per the advice of the prime minister, as the new A-G, and end the impasse without delay.”

He said there should not be further delays in the appointment of the A-G, who plays a vital role as principal legal adviser to the government and public prosecutor.

“The Yang di-Pertuan Agong must perform the role of a constitutional monarch strictly, in accordance with the provisions of the federal constitution.”

Varughese said the A-G should be an experienced lawyer with all-round legal skills and expertise in public law, as well as be widely accepted as someone who is independent and able to effectively implement law reforms.

“It must also be a prerequisite that the new A-G possesses an unimpeachable reputation and character, integrity, honesty, and sound legal knowledge and learning.

“Such an appointment would augur well for the many institutional reforms that the government is introducing to birth a new beginning for our nation.”

Almost two weeks ago, Prime Minister Dr Mahathir Mohamad had written to the Yang di-Pertuan Agong, asking that A-G Mohamed Apandi Ali be replaced by top lawyer and constitutional expert Tommy Thomas.

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

Yesterday, Istana Negara said the Malay rulers will convene an emergency meeting tomorrow to resolve the matter. – June 4, 2018.

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Comments

  • Just where do Malaysians want to take Malaysia? Don't we have many ingredients that a lot of countries don't have to achieve the greatness we once had in the world? Not so long ago rapidly progressing Malaysia was the envy of many other nations. Tommy Thomas (TT) as A-G will help rescue our laws & propel us into a bright future to attract much needed foreign investors who want to see good laws & their proper administration to protect their investments in Malaysia. Dr. Mahathir has already sounded Japan for a re-visit of his famous "Look-East" policy which he had previously used during his 22 years as PM to speed up Malaysia's development towards his grand vision of Wawasan 2020. By the way, I have yet to see another name being suggested for A-G by TT's opponents? Previously I read that Datuk S. Ambiga's name was being bandied about by the Bar Council for the A-G's position but I believe she declined because she had a higher calling to help restore Malaysia's battered institutions given her days in Bersih..

    Posted 5 years ago by MELVILLE JAYATHISSA · Reply

  • The AG is NOT suppose to advise the Rulers on Syariah. Syariah is a state matter, There is no Federal court or law on Syariah.

    Posted 5 years ago by Bigjoe Lam · Reply