‘CLASH OF OPINIONS WORRYING’
Conference of Rulers must meet to end impasse, says law expert
ALEGAL expert hopes that the polemics surrounding the proposed appointment of Tommy Thomas as the new attorneygeneral (A-G) do not lead to a bigger crisis.
Associate Professor Dr Shamrahayu A. Aziz said what was worrying was that the clash of opinions over the appointment, between Prime Minister Tun Dr Mahathir Mohamad and Yang diPertuan Agong Sultan Muhammad V, could lead to a constitutional crisis.
This follows a statement from the Keeper of the Rulers’ Seal that a meeting of the Conference of Rulers had been called to discuss the appointment of a new A-G.
Dr Mahathir had recently sent a letter to the king, stating that the tenure of Tan Sri Mohamed Apandi Ali as A-G had been ended and proposed that Thomas be appointed as his successor.
No reply was forthcoming, but the media reported that the palace had not been in agreement with Thomas’s appointment.
Shamrahayu, a lecturer at the International Islamic University of Malaysia, said the meeting of the Conference of Rulers, set for today, would try to find the best resolution possible to the government’s intention of appointing Thomas.
She said although Article 145 of the Federal Constitution only mentioned that the king had the power to appoint the A-G and did not mention the Conference of Rulers, they could still play a role. “It (the Constitution) does not mention the Conference of Rulers, but that does not mean that the conference need not bother with it. This is because any action taken by the Yang di-Pertuan Agong would, at once, affect the entire royal institution.
“Therefore, on this basis, the Conference of Rulers must meet and discuss the matter. The Agong must be wise in taking into account the views of the conference and accept whatever decision made.”
She said Dr Mahathir’s statement that the king must take the advice of the prime minister in the matter seemed firm, but was not entirely accurate.
“I see this controversy as not just an issue of interpretation of the Constitution regarding the meaning of Article 145. To the prime minister, there is no issue about who is suitable for the job. He is confident that he has the right candidate.
“Therefore, in the bigger context of things, I see this controversy as a clash between the systems of parliamentary democracy and constitutional monarchy that we practise here. It can be termed a ‘crisis’.
“This is the core of what needs to be discussed in detail by the Conference of Rulers. Although it may not be appropriate to call it a constitutional crisis now, it does seem that a crisis may soon be at hand. Therefore, without the proper actions being taken by all quarters, including the Conference of Rulers, it will lead to a real and more serious constitutional crisis.”