Govt and Malay rulers in standoff over choice of new A-G
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.
MALAYSIANS have come out to support the idea of Tommy Thomas for attorney-general following news that the renowned lawyer has been proposed by the new Pakatan Harapan government.
Social media users said the choice of A-G should be respected by the Yang di-Pertuan Agong, who had reportedly requested for another candidate to replace Mohamed Apandi Ali.
“The choice of the government of the day should be respected. The royals should be above politics,” Anizam Ahmed wrote on Facebook.
Others vouched for Thomas’ credibility, saying he was best suited for the top job.
“The best man for the job! Rulers must follow advice of duly elected prime minister. There should be no interference by the rulers,” Terence Yeoh said.
Chan Tsu Chong wrote on Twitter that Tommy Thomas would be an excellent A-G given his expertise, skills and progressive approach to the law.
They were commenting on a The Malaysian Insight report that PH had written to the Yang di-Pertuan Agong asking for the removal of Apandi and to replace him with Thomas, the unanimous choice of the PH government.
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.
Also, the 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.
The Malaysian Insight understands that the Yang di-Pertuan Agong and other Malay rulers want the A-G to be a Malay-Muslim.
However, bloggers such as Syed Akhbar Ali have pointed out that the constitution does not say that the position must be filled by a Malay-Muslim.
Another commentator, Victor Yen, said it was time that Malaysians look beyond race and religion in such matters.
“The Americans could have a negro as their president, why can't Malaysians have someone other than a Malay to be A-G? Do we want to move forward or backward? The choice is yours,” he said on Facebook.
“Until and unless candidates for office are considered based on merit and skill, and not on race and religion, Malaysia will go nowhere,” said Twitter user Edward Kuruvilla.
“Any practicing lawyer will tell you Tommy Thomas is more than qualified to be appointed A-G. Tun M must see this through,” said Kuruvilla.
Another Facebook user, Jassy Cheam, said Malaysians knew how to respect each others’ sensitivities.
“We are educated and intelligent people. We know how to respect each other. We are Malaysians. Stop segregating us as Muslim and non-Muslim! It’s so sad. How can we progress?” – June 2, 2018.
June 2, 2018
ttps://www.themalaysianinsight.com/s/51809
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.
Mr. Prime Minister,please stand firm on this issue: No constitutional monarch or sultan has the power to obstruct the work of a duly elected government. Power is with the Malaysian people. I am shocked to learn of this impasse. The business of government is being interrupted by our King who is bound to accept the advice of the Prime Minister.–Din Merican
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 Tommy 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.
The Pakatan Harapan government has proposed veteran lawyer Tommy Thomas as its sole choice for the post of attorney-general.
Sources close to the government told Malaysiakini that Thomas was a unanimous pick, and his name was submitted to the Yang di-Pertuan Agong about a week ago...
