The Malaysian Insight

A CONSTITUTIONAL crisis could be looming between the newly-elected Pakatan Harapan government and the Malay rulers over the appointment of the new attorney-general.

More than 10 days ago, Prime Minister Dr Mahathir Mohamad wrote to the Yang di-Pertuan Agong asking that he remove Apandi Ali as the A-G and replace him with top lawyer and constitutional expert Tommy Thomas, the unanimous choice of all PH leaders.

Amanah, Bersatu, DAP, and PKR felt that the appointment of a respected legal name would be the right signal to send to Malaysians and the rest of the world that the new government was serious about reforming the country’s institutions.

Also, this appointment would ensure the presence of a skilled litigator in the chambers to handle all high-profile cases, including the prosecution of those involved in the 1MDB scandal.

But that letter from Dr Mahathir to the King has not been acted on, leading to a standoff between the popularly-elected government and the palace.

Instead, there have been messages relayed from the palace, seeking that PH drop its choice of Thomas.

Dr Mahathir was asked to consider several candidates, including a former high court judge and a serving court of appeal judge.

The Malaysian Insight understands that other Malay rulers have also supported the King’s position, adamant that the A-G should be a Malay/Muslim.

This impasse and possible constitutional crisis was alluded to by two noted bloggers close to PH.

In a post titled “Another Crisis Brewing: Country is Not Out Of Danger Yet”, Syed Akbar Ali said that Dr Mahathir’s choice for the A-G position was being blocked because he was not a Malay or Muslim.

“There is nothing in the federal constitution which says that non-Malays and non-Muslims cannot be appointed as the attorney-general, ” he noted, adding that cabinet and key civil service appointments were the sole discretion of the PM.

Dr Mahathir and PH leaders have refused to back down. They still believe that Thomas is the best man for the job. The plan is to offer the 66-year-old a two-year contract as the A-G. He ‎wants to return to private practice after that.

At the core of this standoff is the question: Should key appointments to the government be the purview of a popularly-elected prime minister, or must he bow to the wishes of a constitutional monarch?

‎Blogger Kadir Jasin noted that the federal constitution puts clear limits on the authority of a constitutional monarch.

As for this notion that all key positions should be held by Malays, the former newspaper editor offered a scathing response.

“What’s the use of having Malays in high positions if that Malay is cruel, corrupt, and someone who collaborates with thieves and speculators?” he asked, adding that integrity was more important than race.

Political observers said that the Malay rulers had no reason to worry about Malay rights being overlooked under a non-Malay A-G.

The duty of looking after Malay interests and Islam can easily be ‎handed over to the Solicitor-General.

Observers also warn that the Malay rulers should be careful because there is already a view among Malaysians that there was an unnecessary delay by the palace in swearing in Dr Mahathir as prime minister after GE14.

Given the euphoria in the country and the reservoir of goodwill and affection Dr Mahathir has earned from ordinary Malaysians for saving the country from Najib Razak, ‎it is clear who they will support in this impasse. – June 2, 2018.