DECEMBER 27 ― As reported by FMT, Charles Hector, from the Malaysians Against Death Penalty and Torture (Madpet), said that government should not appoint sitting judges as attorney general (AG) in order to preserve the independence of Judiciary.
According to The Star, Prime Minister Datuk Seri Anwar Ibrahim is considering three candidates for the attorney general post, and all are judges. They are Ahmad Fairuz Zainol Abidin, Wan Ahmad Farid Wan Salled (High Court) and Kamaludin Md Said (Court of Appeal).
Article 145(1) of the Federal Constitution says that 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.”
As such the requirement here states that AG is a person who is qualified to be a judge of the Federal Court”.
The selection of AG does not necessarily need to be selected from the bench. It can also be selected by any ordinary public person who has equal qualification to be seated as the Federal Court judge in holding the attorney general's office (AG).
In 2019, Tommy Thomas was appointed as the new attorney general, was the first practicing barrister to be appointed directly from the Malaysia Bar to the attorney general. His appointment during Pakatan Harapan administration shows that AG can be appointed following the criteria under A145(1) of the FC.
The AG selection should be independent, and there are a few ways to ensure that the attorney general is independent from the judiciary.
Firstly, the appointment of the AG is outside of the judiciary. This is one way to ensure independence, where the selection of the attorney general is made by persons who do not have any prior experience as a judge. This can help to ensure that the attorney general is not beholden to any particular judicial.
Secondly, is establishing clear guidelines for the attorney general’s role. This will ensure clear guidelines for the attorney general’s role and responsibilities. This includes setting out the attorney general’s powers, duties and obligations in relation to the judiciary.
Moving on, the attorney general should have the necessary resources and support in performing their duties effectively and independently. Thus, protecting the AG independence is important, as it is to prevent political interference in the attorney general’s decision-making process.
Overall, it is essential to ensure that the AG can carry out their duties independently, by upholding the rule of law and protecting the integrity of the legal system.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
