Malaysia
Malaysian Bar: Impasse in AG appointment violating rule of law
George Varughese February 9, 2018. u00e2u20acu201d Picture by Azneal Ishak

KUALA LUMPUR, June 4 — The Malaysian Bar said today it is "alarmed and deeply troubled” over the reported impasse in the Attorney General’s (AG) appointment.

It said the Federal Constitution states that the Yang di-Pertuan Agong must act on the advice of the prime minister to appoint the new AG, to perform his role of a constitutional monarch.

"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 Attorney General, and end the impasse without delay,” Malaysian Bar president George Varughese said in a statement.

It pointed to the Article 145(1) of the Federal Constitution saying: "The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation”.

"The exercise of the constitutional duties by the Yang di-Pertuan Agong in the appointment of the new Attorney General should not be stifled by extraneous views that take into consideration any criteria that are without constitutional basis, based on irrelevant considerations, or which could be deemed to be arbitrary or discriminatory.

"The Yang di-Pertuan Agong must perform the role of a constitutional monarch strictly in accordance with the provisions of the Federal Constitution,” George said.

The Malaysian Bar also reiterated that the new AG should be an experienced career lawyer with all-round legal skills and expertise in public law, and be widely regarded and accepted as independent and able to implement law reforms of the Government effectively and impartially.

"It must also be a prerequisite that the new Attorney General possess an unimpeachable reputation and character, integrity, honesty, and sound legal knowledge and learning,” it said.

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

Prime Minister Tun Dr Mahathir Mohamad reportedly said yesterday the government is set on having senior lawyer Tommy Thomas be the next AG and will not nominate anyone else.

The Keeper of the Rulers’ Seal has since said the Conference of Rulers will meet tomorrow to discuss the appointment of the next AG.

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