KUALA LUMPUR, Sept 22 — Tabling a motion to debate the appointment of a new Election Commission (EC) chairman is pointless if the Federal Constitution is not amended to accord Parliament jurisdiction over the institution, lawyer Syahredzan Johan said today.
The political secretary to Iskandar Puteri MP Lim Kit Siang was responding to criticism that the appointment of Azhar Azizan @ Harun as the new EC chief should first be deliberated in the Dewan Rakyat.
"Tabling a motion on the appointment of the EC chairman in Parliament within the current constitutional framework will be pointless and gives a false impression that change would have been done,” the lawyer said in a statement.
"This is not genuine institutional reform but merely a half-baked effort. As a matter of fact, it would only slow the process of cleaning the EC up, which is desperately needed.”
Critics of the new government claimed Pakatan Harapan (PH) had reneged on its election pledge to place key institutions, including the EC, under Parliament after it announced Azhar’s appointment earlier this week.
Azhar, a lawyer by training, is a self-professed activist who campaigned for PH during the 14th general election.
Among the critics were former Umno minister Khairy Jamaluddin, who has since urged Azhar to decline the post until the necessary amendments to the law are made.
On Twitter this morning, Khairy said PH cannot "start the process of institutional reforms with an appointment made in total disregard to the very reforms you have promised.”
Those who agreed with his views likened Azhar’s appointment to political patronage.
But detractors, including former Malaysian Bar chief Datuk Ambiga Sreenevasan, insisted that the process would have wasted time since any motion on the appointment would not be binding on the prime minister who now has sole discretion to nominate a candidate.
Responding to the criticism, the former Umno minister said PH could have replicated the legal provisions used for the appointments of Judicial Appointment Commission members when deciding Azhar’s appointment.
Syahredzan, however, pointed out that there is no provision in the Constitution to refer the appointment to Parliament.
"Fulfilling the manifesto about the appointments of EC office bearers will require amendments to the Constitution,” he said.
"Within the current constitutional framework, EC members are appointed by the YDPA (Yang di-Pertuan Agong) upon the advice of the prime minister and with the consensus of the Conference of Rulers.
"There is no provision in the Federal Constitution that says it requires Parliament approval,” he added.
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