Lawyers push for new AG to be appointed

PETALING JAYA: Legal experts are calling for a new Attorney-General (AG) to be appointed without delay to avoid disrupting the implementation of key institutional and legal reforms.
Lawyers For Liberty (LFL) today said the country currently does not have a functioning AG as Tan Sri Mohamed Apandi Ali has been asked to go on leave.
"Any further delay in appointing a new AG is bound to hold up or disrupt the important institutional and legal reforms now expected by the people, as well as the widely expected prosecutions in the massive 1Malaysia Development Berhad financial scandal," LFL adviser N. Surendran said in a statement.
He said Apandi's services should be terminated as the latter "does not enjoy the confidence of the new PM and his reforming government".
He added that neither a tribunal nor an enquiry is needed for Apandi's termination as the prime minister could advise the King to do so at any given time under Article 145(5) of the Federal Constitution.
The constitution empowers the prime minister to select the appropriate person to be AG and that the King must act on the PM's advice, he said.
Constitutional lawyer and former law expert at Universiti Malaya Dr Gurdial Singh Nijar concurred with Surendran. He said the Yang di-Pertuan Agong must appoint the new attorney-general according to the prime minister's advice.
"The King must act on the advice of the prime minister. There is no choice. If he doesn't, for ill health or other reasons, then the Deputy Yang di-Pertuan Agong (Sultan Nazrin Muizzuddin Shah) can step in," Gurdial was quoted by The Malaysian Insight as saying today.
Another constitutional lawyer Syahredzan Johan said the King and the Council of Rulers have no constitutional basis to interfere in the appointment.
"The King does not have the discretion to choose the attorney-general. He must do so at the advice of the prime minister," the news portal quoted him as saying.
"The Council of Rulers have an even lesser role. The King does not need to consult the Council of Rulers."
He added that the Federal Constitution did not stipulate that the attorney-general must come from a specific ethnic or religious group.
Prime Minister Tun Dr Mahathir Mohamad had written to the King more than 10 days ago, seeking the removal of Mohd Apandi Ali as AG.
Mahathir wants top lawyer and constitutional expert Tommy Thomas to replace Apandi. The decision has the backing of all four parties in the new Pakatan Harapan government.