End to attorney-general impasse?

attorney-general enjoys a special position in Malaysia. Understandably so. He is appointed by the Yang di-Pertuan Agong no less. Article 145(1) of the Federal Constitution says it all.

So, it is a bit of surprise that the position has remained in abeyance with incumbent A-G Tan Sri Mohamed Apandi Ali being forced into leave. It is true that the solicitor-general is standing in for the absent A-G, but that is not the same thing. With Apandi’s silence on whether he is digging in to stay, the impasse seems to stretch the patience of many. Thankfully, the rulers, seeing the urgency of the matter, are meeting today to put an end to the impasse.

Media reports suggest that Prime Minister Tun Dr Mahathir Mohamad has submitted Tommy Thomas’ name to the palace for the king’s approval. There are also reports circulating that the king wants an A-G who is competent to advise him on civil law and syariah law. The king has a point. Invariably, the king will have occasion to refer syariah matters to the A-G for his legal view. One who is not well-versed with the intricacies of the syariah law will surely be disadvantaged. The king may not want anyone less than the A-G advising him on such weighty matters.

As usual, things tend to get a little muddled in Malaysia. If we choose a Malay candidate for the position, a portion of Malaysia will say we are being racist. If, on the other hand, an Indian or Chinese is recommended for the position, another segment of the nation will also say we are being racist. Being Malaysians, the candidate has to be from one of the races in Malaysia. There is just no escape out of it, even if we put forth a Kadazan as a candidate for A-G. This is the Malaysian muddle. Or Malaysian dilemma, if you like. The sooner we accept the fact that we are Malaysians of Malay, Chinese, Indian, Bidayuh origin the better. We can be both a Malaysian and a Malay, Chinese, Indian, Bidayuh at the same time. Denying our race does not make us less of a racist.

There are some among us who are puzzled as to why the Conference of Rulers is getting involved in the appointment of the A-G when the Federal Constitution assigns this task to the king. It is true that Article 145(1) spells out the responsibility to be that of the king, but that does not mean the king is stopped from discussing the candidacy with his brother rulers. The Federal Constitution does not, in word or spirit, bar such discussions. Plus, an appointment such as the A-G will have a major national consequence that the king’s brother rulers would want there to be a meeting of minds on the matter. What is good for the nation is also good for the state.

The A-G being the Public Prosecutor in accordance with Section 376 of the Criminal Procedure Code needs to be a wellrounded lawyer, meaning he should be well-practised in both civil and criminal matters. A jack of all trades or master of one will not make the cut.

The position of the A-G comes with great power, and with it, great responsibility. He can start or drop a prosecution, at his discretion. He can do this before or during the trial. This is how close to absolute power it is. The person who is chosen to occupy such a position must necessarily be one who not only exercises this vast power responsibly, but must also be seen to so exercise it. It is a job for a person with credibility and untainted reputation. In short, it is not a job for any Tom, Dick or Harry.