Malaysia-The New Attorney-General


July 29, 2015

COMMENT: The appearance can be misleading. Malaysia’s newly minted Attorney-General, Mohamad Apandi Ali, 65, looks like someone belonging in the same class as  Chief Secretary Hamsa Ali and Treasury Secretary Siregar–men of mixed parentage.

Malays of mixed parentage  seem to be Najib’s favorite people forDin Merican and wife, kam senior posts in his government. Another  Malay who bears my family name, Reezal Merican, is now Deputy Minister of Foreign Affairs.  I suspect that this is because Malays of mixed parentage going back to Nor Mohamed Yackop and the late Governor Ali Abul Hassan of Bank Negara Malaysia during the days of the Mahathir Administration are apparently boss pleasers, and can be trusted to do their duty to the Prime Minister, our King and country (in that order) without fear or favour.

Of course, one’s parentage or ethnicity should have no bearing on any appointment be it in public service or in the business world. But in practice public service appointments are political decisions made by the Prime Minister, not strictly on merit.

Mohamad Apandi Ali, 65,In appointing a former UMNO man as Malaysia’s top legal man with powers under Article 145 of our Constitution, our Prime Minister is creating a dangerous precedent  and so is he in the case of the sacking of Gani Patail.

For all my criticisms of the former Attorney-General, I think Gani Patail’s unceremonious sacking violates the Article 145 (6). This hurried decision makes me suspect  that he may be on to “something big” with regard to the 1MDB scandal that could affect Prime Minister Najib’s political future.

Even the recent Cabinet changes reflect Najib’s quest for political survival and as such, it is a strategic move to have all his 1MDB bases covered. Loyalty is the criterion. So, there is nothing to be excited about the latest Cabinet reshuffle . “Nothing is more important than the needs of Malaysia and the people – I will always put their interests above all others,”says Prime Minister Najib Razak. Trust him? Given his track record since taking over from Tun Abdullah Ahmad Badawi in 2009, that statement is trite and hollow. Even the Marines (with due respects to the USMC) will not buy it.

It may be worthwhile to remind ourselves of Article 145 of the Federal Constitution which makes the Attorney-General  a powerful principal legal adviser to the Government.

Article 145 of the Federal Constitution provides:

(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney-General for the Federation.

(2) It shall be the duty of the Attorney-General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.

3) The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.

3A) Federal law may confer on the Attorney-General power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.

(4) In the performance of his duties the Attorney-General shall have the right of audience in , and shall take precedence over any other person appearing before, any court or tribunal in the Federation.

(5) Subject to Clause (6), the Attorney-General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine.

6) The person holding the office of Attorney-General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.

The new Attorney-General has awesome power and and with it, the heavy responsibility to uphold the Rule of Law, not Rule by a desperate Prime Minister whose only desire is to remain office by all and any means. As for his predecessor, we should ensure that the Najib administration observes the letter and spirit of Article 145(6) of our Constitution. –Din Merican

8 thoughts on “Malaysia-The New Attorney-General

  1. Of all the new clowns in Pinkie Lips’ cabinet nothing beats Reezal Merican, the one-time canteen helper who works his way up the Umno hierarchal ladder by being an obedient servant and a lap dog.

    What Pak Din has mentioned about those of mixed parentage being good “boss-pleasers” is pretty true. We had a few in the army during my time and they got promoted pretty fast vis-a-vis their peers. Their forte was apple-polishing their bosses much to the chagrin of those around them.

    However, this Reezal fella is something else. Giving him the deputy foreign ministerial portfolio is like giving a flower to a monkey. In not time he will make a mess of everything on his plate. And with a bigger clown, Anifah Aman, as his boss you can imagine the carnage the duo gonna do to our nation’s reputation abroad.

    Well, the coconut plucker from Bagan Datoh is no better. Making him the DPM is like giving the notorious Botak Chin a gun to inflict harm on people.

    Looks like the new cabinet is made up of a bunch of hoodlums, thieves and con men.

    The country has already gone to the dogs.

  2. good morning dato

    malaysians know truly well how and why this appointment was made dont we and time will surely tell

  3. “Looks like the new cabinet is made up of a bunch of hoodlums, thieves and con men.”

    Don’t forget there is also a murderer among them.

    And if this collection of vermin reflects the views and aspirations of the malay majority, what does it say?

    “The country has already gone to the dogs.” You’re kidding, no?

  4. I have known him since he was 13 years old and a drop out at school. Even his career as MB and Minister was marred with sexual scandals and leading to financial ones. Mahathir made a terrible error
    and now regretting it.

  5. Tony , all these hoodlums, crooks and thieves were all spawned by Mahathirism. What you see now is the fruits of his labour.

  6. The reshuffle of the Cabinet; the unceremonious sacking of a very dependable arch-cover up man, the Attorney General; and the buy-out of critical members of the PAC committee is the Great 1MDB Coverup. Do not despair for this will ensure that Najib will dig an even bigger hole to bury him and his whole Cabinet. Give him enough rope to hang himself. This is the will of Allah to trap a devious man with the device of his own making.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.