‘King needs to abide by Constitution’
KUALA LUMPUR: The Bar Council has expressed its concern about the snag in the appointment of the attorney-general (A-G), stressing a new one be appointed without further delay.
Its president, George Varughese, said the king, had a constitutional duty to abide by the Federal Constitution, which stipulates that he has to 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.”
He said the appointment of the new A-G should not be stifled by extraneous views that took into consideration any criteria that were without constitutional basis, based on irrelevant considerations, or which could be deemed to be arbitrary or discriminatory.
Muslim Lawyers Association of Malaysia differed in its opinion, saying that the king had sworn to safeguard Islam at all times and this included appointing an A-G who could ensure this.
Its president, Datuk Zainul Rijal Abu Bakar, said it was the king’s constitutional obligation to take care of affairs involving Islam.
“Therefore, the (king) needs to appoint a person who can safeguard Islam at all times.
“In fact, the attorney-general’s appointment by the (king) is at his pleasure.
“Therefore, nobody can force him to consent (to appointing a person on the advice of the prime minister).”
He said the association was of the view that the king would take into account the importance of Islam in the country as the A-G was expected to be someone capable of safeguarding Islam at all times.
“(The association) stands firm behind the king and the Malay rulers in fulfilling His Majesty’s constitutional obligation to appoint an attorney-general who can advise His Majesty on various issues, including His Majesty’s position on matters related to Islam, (ensure) no conflict of interest and having firm identity besides undivided loyalty to the king.”
He was responding to reports on veteran lawyer Tommy Thomas’ proposed appointment as the new A-G to replace Tan Sri Mohamed Apandi Ali.
However, it was reported that the palace had rejected the proposal by the Tun Dr Mahathir Mohamad-led administration.
Zainul Rijal said the king was not bound by the prime minister’s advice on the appointment of A-G.
He said it was important to note that the king still had discretion on several matters when it came to whether he should act on the advice of the prime minister, notwithstanding Articles 40(1) and (1A) of the Federal Constitution.
Article 40(1) and (1A) state that the Yang di-Pertuan Agong shall act on the advice of the cabinet or of a minister “except as otherwise provided by this Constitution”.
“Therefore, the word ‘advice’ is not binding on the king as it is more of a guide and not an order as evaluated by the king in accordance with His Majesty’s views and wisdom.”
Zainul Rijal pointed out that according to Section 376 of the Criminal Procedure Code, the AG was also a prosecutor for the country and must, therefore, be someone with strong and firm experience in criminal cases in order to safeguard the country’s interests.