Malaysia: The Mess Mahathir created


July 29, 2015

Malaysia: The Mess Mahathir Made

by  Dan Slater, University of Chicago
http://www.eastasiaforum.org/2015/07/29/malaysias-mess-is-mahathir-made/
Mahathir Lawan Najib

At least embattled Malaysian Prime Minister Najib Razak is right about one thing. The current mess in Malaysian politics is the making of his greatest nemesis, Mahathir Mohamad, who led the Southeast Asian nation with an iron fist from 1981–2003. What Najib fails to fathom is that Mahathir has not produced this mess by criticising his leadership, but by paving Najib’s path to power in the fashion he did during his decades in office. Mahathir may believe that he can end the crisis by bringing Najib down. But history should judge Mahathir himself as the author of a long national decline that has culminated in this latest crisis.

To be sure, Najib’s fingerprints are all over the current mess. The proximate source of the crisis has been the collapse of Najib’s pet sovereign-investment company, 1Malaysia Development Berhad (1MDB). This has caused Malaysia’s stock market and currency, the ringgit, to plummet in turn. All this has transpired amid credible allegations that the prime minister siphoned an eye-popping US$700 million into his personal bank account.

But this road toward ruin commenced with Mahathir, not Najib. It is vital to realise that Mahathir rose to power in blessed circumstances. Malaysia’s economy had been growing healthily for decades, thanks to the prudent economic management of a highly capable bureaucracy. Governance and tax collection were effective, and debts were few. Natural resource wealth, including oil, was professionally stewarded. A decade of muscular redistribution to the country’s ethnic Malay majority had restored social stability after the race riots of 1969. Incoming foreign investment was copious and about to mushroom even further. Mahathir commanded one of the most cohesive ruling parties (the United Malays National Organization, or UMNO) and coalitions (the Barisan Nasional, or BN) in the world. The regime was authoritarian, but not intensely repressive or disliked in comparative terms. In short, Mahathir was holding a winning hand when he became Prime Minister in 1981.

Then came the debt. Obsessed with following in the footsteps of Asia’s technological leaders, Mahathir began borrowing heavily to fund his ‘Look East’, state-led heavy-industrialisation program. Privatisation was part of his growth package, but the beneficiaries were businessmen of loyalty more than talent. When the global economy went into recession in the mid-1980s, patronage started drying up. UMNO split, largely in reaction to Mahathir’s strong-armed style of rule. Mahathir’s two most talented rivals, Tengku Razaleigh and Musa Hitam, bolted from UMNO despite their deep personal ties to the party, mostly to get away from Mahathir himself. Mahathir responded by launching a police operation under the pretext of racial tensions, imprisoning and intimidating political rivals, and cementing his autocratic control.

Hence by the late 1980s, all of the defining features of Malaysia’s current crisis under Najib’s leadership were already evident under Mahathir. The regime was increasingly repressive. The office of prime minister was becoming a haven of autocracy. Ethnic tensions had been reopened to political manipulation. The economy was worrisomely indebted. UMNO was shedding some of its most capable leaders. This was the beginning of Malaysia’s sad national decline, under Mahathir’s watch and at his own hand.

Fast-forward a decade and all of these syndromes would recur in even nastier forms. The Asian Financial Crisis of 1997–98 punished Malaysia for the unsustainable dollar-denominated debts it had accumulated under Mahathir’s single-minded push for breakneck growth. Mahathir blamed everybody but himself for the crash. He sacked and imprisoned his popular and gifted deputy, Anwar Ibrahim, largely for his temerity in suggesting that Malaysia needed deeper reforms to regain economic health.

najib-low-yat2

Mahathir didn’t pull Malaysia out of its crisis with economic reform or adjustment, but with more and more borrowing and spending. This was possible because Malaysia was still sitting on the fiscal reserves it had been amassing for half a century, since the British colonial period. Mahathir grandiosely claimed that his imposition of capital controls had saved the economy. But capital flight had basically run its course by the time controls were implemented. Mahathir imposed them to facilitate political repression as much as economic recovery. The spectre of anti-Chinese riots in neighbouring Indonesia was then callously manipulated to keep ethnic Chinese voters in the BN fold in the 1999 elections.

Hence even before the turn of the millennium, Malaysia was hurtling down the very trajectory of decline we are witnessing in the current crisis. Like Mahathir, Najib assumed autocratic control over the economy and embarked on reckless borrowing and investment schemes, especially 1MDB. Like Mahathir, Najib unleashed a torrent of repression under antiquated security laws to protect his own position amid rising criticism from civil society and from within UMNO. Like Mahathir, Najib has recklessly played the ethnic and religious card as his position has weakened. And in consummate Mahathir style, Najib has now even sacked his deputy, Muyhiddin Yassin, for questioning Najib’s repression of the media in response to the 1MDB scandal. In sum, Mahathir has nobody to blame more than himself as he watches Najib drive Malaysia even further into the ground.

The 2015 Najib Cabinet

Neither Najib nor any of his current plausible replacements appear capable of reversing Malaysia’s decades-long decline. Herein lies perhaps Mahathir’s worst legacy of all. By forcing the three most capable politicians beside himself out of UMNO during their prime, Mahathir ensured that only relative lightweights would command leading positions in Malaysia’s most powerful political institution. If Malaysia is to exit this crisis on a path to restored health rather than steeper decline, the political and economic reforms first demanded in the reformasi movement of the late 1990s will finally need to put in place: either by a new generation of leadership within UMNO, or by Malaysia’s repressed but resilient political opposition.

Dan Slater is associate professor in political science at the University of Chicago.

Figuring out the Day of the Long Knives


July 29, 2015

Malaysia:: Figuring out the Day of the Long Knives

by Kim Quek@www.malaysiakini.com

PM and Former DPM

It is all too apparent that Prime Minister Najib Abdul Razak’s lightning move to remove the Attorney-General and reshuffle his cabinet on July 28 was done for the singular purpose of neutering criminal investigations and impending prosecution arising from the 1MDB scandal and the RM2.6 billion in Najib’s personal bank accounts.

By removing A-G Gani Patail and offering cabinet positions to members of the parliamentary accounts committee (PAC), Najib hopes to avert impending prosecution and postpone imminent PAC hearings on key players in 1MDB, which in all certainty, will expose the alleged multi-billion heist that will grievously hurt Najib.

Sacking of AG highly dubious

The so-called sacking of Gani is heavily tainted with unconstitutionality, illegality, deceit and malicious intent. The circumstances of the announcement immediately aroused suspicion. It was announced on July 28 by national news agency Bernama through a one-sentence  tweet stating that Gani’s services as A-G were terminated on July 27 due to health reasons, quoting the Chief Secretary of the Government. When  he was asked on July 28, Gani said he had no idea that he had been sacked.

ganipatail

Questions galore: Why wasn’t Gani (photo above) informed? Why wasn’t there a letter of termination from the Head of State Agong, who is the only authority to appoint or to remove the A-G? If Gani had to stop work due to health reasons, why were we told that Gani would still continue to serve as a legal staff till his statutory retirement date in coming October? And why had Gani never complained of ill-health?  And why didn’t PM Najib announce that he had ‘sacked’ Gani?

As the A-G is designated by the constitution (Artiicle 145) as the sole decision-maker as to whether a person should be prosecuted, the independence of his position is guaranteed by mandating his termination through a tribunal appointed by the Agong. Hence, the currently unceremonious ‘dumping’ of Gani is obviously an unconstitutional move.

Sabotaging investigations and prosecutions

Conspiracy theories abound as to why Najib had to act like a desperado. Is it to avert an immediate prosecution which only the AG had the power to execute – keeping in mind that there have been a series of arrests arising from the investigations of the special task force probing the twin scandals of Najib’s RM2.6 billion and the 1MDB fiasco? The task force is made up of the Chiefs of Police, Malaysian Anti-Corruption Commission (MACC) and Bank Negara, co-ordinated by the A-G.

Nur Jazlan and PAC Politics of Betrayal

Another body hot on the heels of these scandals is the Public Accounts Committee, which is due to grill the current and former CEOs of 1MDB starting from August 4, and also to hear two former directors of 1MDB who resigned in indignation over the theft of US$700 million immediately after signing an allegedly bogus joint venture agreement with PetroSaudi in September 2009.

Nur JazlanPAC Chairman sold out to Najib

Immediately after the cabinet reshuffle on July 28, where PAC chairperson Nur Jazlan Mohamed (photo) and three other members were offered positions in the cabinet, Nur Jazlan announced a suspension of PAC hearings pending appointment of new members in the next parliamentary session commencing in October.

Thus in one lightning swoop, Najib had apparently incapacitated the pursuers of the scandals and immunise himself from harm, and perhaps hopefully, to bury these scandals.

If Najib succeeds, Malaysians will have to bury their heads in shame, and the credibility of this country will suffer a grievous and irreparable blow.

Who would still trust a country where the Prime Minister can escape unscathed with RM2.6 billion allegedly unaccounted for in his bank accounts and tens of billions of ringgit of public funds evaporated into thin air through a so-called sovereign wealth fund, of which he is allegedly personally responsible?

Can our institutions – the Police Force, MACC (the anti-corruption commission), Central Bank and the Attorney-General’s Chambers – stand the shame of being cowed and neutered by a tyrannical hand in contempt of our constitution and law?

We must defend against authoritarianism

No, we must not allow this to happen, because we have too much to lose and too much to defend. The special task force must continue to discharge its sacrosanct duties honourably and diligently until the whole truth is uncovered and the culprits punished – with or without Gani Patail as A-G. They owe this to themselves and to the future generations of Malaysians.

As for the PAC, it should immediately resume hearings under the leadership of deputy chairperson Dr Tan Seng Giaw who shall act as chairperson in the absence of Nur Jazlan. With nine remaining members in PAC (out of a total of 13), there are more than enough members to make up a quorum (minimum is three).

This is the hour when all Malaysians must stand up to defend themselves against an onslaught, which if not repulsed, will turn the country into a failed state of corrupt dictatorship.

KIM QUEK is the author of banned book ‘The March to Putrajaya’.

 

Malaysia: Muhyiddin pays the price for misplaced Loyalty


July 29, 2015

Malaysia: Muhyiddin pays the price for misplaced Loyalty

by Scott Ng@www.freemalaysuatoday.com

KUALA LUMPUR 29 NOVEMBER 2012 - PRESIDEN UMNO, Datuk Seri Najib Tun Razak tersenyum melihat Timbalan Presiden UMNO, Tan Sri Muhyiddin Yassin yang mempamerkan sepanduk `Saya Sayangkan PM' semasa Majlis Perasmian Perhimpunan Agung UMNO 2012 di Dewan Merdeka PWTC di sini hari ini. Gambar: MOHD NAIM AZIZ Pemberita: TEAM UMNO UTUSAN/KOSMO!Outfoxed by the Boss

And so the curtain comes down on Muhyiddin Yassin. Prime Minister Najib Razak’s decision to replace him with Zahid Hamidi comes as an act of retaliation for his aggressive speech to the Cheras division of UMNO, in which he disclosed that not only had he advised Najib to resign from the 1MDB Advisory Board, but also that none of the cabinet ministers had the faintest idea of what was going on in the scandal-ridden government-owned company.

Actually, a cabinet reshuffle has been an oft-whispered rumour for quite some time now. Najib has been looking to consolidate his power by surrounding himself with loyalists who will not question his actions and will defend him from the attacks of former PM Mahathir Mohamad and from the rakyat’s anger, particularly over the high cost of living.

Pundits had long suspected that Muhyiddin had his own agenda. Even before Sunday’s fate-sealing speech, he had already given less than subtle indications of his dissatisfaction with the way the 1MDB issue was being handled. At the height of Mahathir’s attacks on Najib, when it seemed like he was about to jump ship and pledge allegiance to the elder statesman, many were the voices that egged him on. Whether he expected to be sacked, or indeed was waiting to be sacked, only he can tell. But it is unlikely that he expected it to happen so suddenly.

What was underestimated was just how hard Najib would cling to power. Despite the scandals, despite the exposes, the Prime Minister has struck a stubborn, confrontational stance that is at odds with his famous silence.

After postponing the UMNO party elections, Najib probably sees his removal of dissent from his cabinet as the culmination of his master plan to leave his authority unchallenged, at least till the 14th general election, which must be held by 2018. He has chosen to surround himself with loyalists who have been defending him against attacks over the 1MDB scandal. So now we can no longer expect dissent from within the cabinet, at least not in public. It appears that there will no longer be any check and balance or any offer of a different perspective to Najib as he attempts to play the dangerous game of managing the 1MDB scandal while trying to pacify the rakyat, who are restless not only over the rising cost of living but also over his decision to brook no dissent from the media and from UMNO itself.

The real question now is how the Malay community will accept all this. The Malays have seldom taken kindly to the removal of one of their leaders in so stark a manner over a political dispute. The last time a Deputy Prime Minister was forced out abruptly, the Reformasi movement was born. Furthermore, it’s not as if the Malays don’t know a weakened leader when they see one. Najib’s move for political survival sends the message that he is not only ruthless, but also desperate to improve his situation. And desperation is weakness.

Najib’s latest actions are not those of a cold mastermind, but the flailing of a desperate man who realises the waters have risen so high that he is close to drowning. Nevertheless, his sacking of Muhyiddin does look like a sound political move given the disorganisation of the opposition and the lack of a unified front for the movement to oust him. But it is sound only for the time being, and probably a short time. Continuing in this high-handed manner will not do him any good in the way of gaining support from the rakyat. In fact, he is mistaken if he thinks that his reshuffled cabinet will be seen by the rakyat as more competent than the previous one.

Najib may have won the battle for now. He has wiped out dissent in his cabinet, fortified his position as Prime Minister, and taken steps to ensure he cannot be removed from office outside of a no-confidence vote in Parliament. He has used all the tools at his disposal in a way reminiscent of Mahathir, albeit with much less finesse. But he has a long way to go, and with this latest move, he may have given the anti-Najib movement something that it desperately needs – a figure to rally around who can step in to replace him.

David Cameron under Fire for Talks with Scandal Ridden Premier Najib Razak


July 29, 2015

Foreign Affairs: David Cameron under Fire for Talks with Scandal Ridden Premier Najib Razak

by Beh Lih Yi in Jakarta

http://www.theguardian.com/world/2015/jul/28/david-cameron-talks-scandal-malaysian-leader-najib-razak

David Cameron

David Cameron under fire ahead of talks with scandal-hit Malaysian leader

Malaysian Prime Minister Najib Razak sacks Deputy and country’s top attorney after questions over claims he took millions from government investment fund.

British Prime Minister David Cameron is facing criticism for pushing ahead with a visit to Malaysia this week at a time when the south-east Asian nation’s leader is embroiled in an escalating corruption scandal and has stepped up a crackdown on dissent.

Malaysian Premier Najib Razak has been urged to resign after media reports alleged some US$700m linked to a troubled state investment fund (1MDB) had ended up in his personal bank accounts.

Razak has denied taking any public funds for personal use, and his government has lashed out at criticism by mounting a crackdown on dissent that has seen two newspapers suspended and a British-based whistleblowing website blocked.

MuhyiddinFormer Deputy Prime Minister of Malaysia

On Tuesday, the Malaysian Premier removed his deputy Muhyiddin Yassin, who has openly criticised him over the scandal, just hours after the government sacked the country’s top attorney, who had been leading an official investigation into the corruption allegations against Najib.

Politicians and activists who have criticised the government have also been hit with travel restrictions, with one prominent opposition MP barred from leaving the country.

“There could have been a better time for the visit,” Wan Azizah Wan Ismail, Malaysia’s opposition leader, told the Guardian ahead of Cameron’s arrival in Kuala Lumpur on Thursday, the final stop of a four-nation tour of south-east Asia.

The MP, who is also the wife of jailed opposition politician Anwar Ibrahim, called on Cameron to raise the scandal and human rights issues when he holds talks with Najib, and said he should also meet opposition parties to get “a better idea” about the political turmoil engulfing the former British colony.

“He must not only meet with the government but the opposition as well,” she said. “He should talk about freedom, the suspension of the newspapers and the use of the sedition law – something that is so repressive – and the welfare of the former opposition leader [Anwar].”

Liew Chin Tong, a lawmaker from the opposition Democratic Action party, said Cameron must tell Najib categorically to “respect the rule of law as well as human rights”.

Cameron is hoping to boost trade ties between the UK and the region during his visit that also includes stops in Indonesia, Singapore and Vietnam. Efforts to fight jihadist group Isis are also on the agenda during his stops in Muslim-majority Indonesia and Malaysia.

Michael Buehler, a south-east Asian expert at London’s School of Oriental and African Studies, said Cameron would not be “entirely honest” if he ignores the corruption claims during his visit, as business and politics remain closely linked in the region.

“One cannot talk about business without also mentioning the political conditions in these countries. Cameron’s visit is indeed untimely, given the escalation of the corruption scandal in the country,” Buehler said.

Writing in the Daily Mail last week about the trip, Cameron himself vowed to put the fight against graft top of his agenda after claiming critics were “wrong” to say the UK should avoid doing business with countries with barriers to trade, including corruption.

“Many in South East Asia have led the battle against corruption, which costs the global economy billions of pounds a year. Britain is joining them in that fight – I’ve put the issue at the top of the global agenda,” he wrote.

Najib’s move against the deputy premier came in an unexpected cabinet reshuffle just two days after Muhyiddin broke ranks and openly urged Najib to tell “real facts” over the scandal and answer questions over whether he received the money.

Announcing the decision, Najib said “differences of opinions shouldn’t be expressed openly” among his cabinet members, according to the Malay Mail Online website.

The cabinet reshuffle was seen as an attempt to shore up support for the beleaguered Najib in the cabinet, as an internal tussle within the ruling party in the coming days could put pressure on the Malaysian leader to resign.

Foreign Affairs: Obama Stay Clear of Najib’s Malaysia


July 29, 2015

Time

Foreign Affairs:  Obama Stay Clear  of Najib’s Malaysia

by Charlie Camp6ell

http://time.com/3974380/obama-malaysia-najib-razak-1mdb/

Washington is having serious trouble finding dependable allies in Southeast Asia

Obama Najib GolfStay Away from Tainted Malaysian Prime Minister

The U.S.’s “rebalancing” toward Asia has two main pillars: being a counterweight to China and securing a free-trade deal called the Trans-Pacific Partnership. If Washington is to succeed on both fronts, it needs as many friends in the region as it can win. The U.S.’s newest ally is Malaysia, this year’s chair of the 10-member Association of Southeast Nation, collectively a growing market, and, on the surface, a modern, democratic, Muslim country.

In April 2014 U.S. President Barack Obama paid an official visit to Malaysia, the first sitting President to do so in decades, and, later in the year, played golf with Malaysian Prime Minister Najib Razak when both were on holiday in Honolulu. This November, Kuala Lumpur will host the next East Asia Summit and Obama is due to attend.

But recently, all the news coming out of Malaysia is negative. After becoming embroiled in a corruption scandal, Najib on Tuesday sacked his Deputy and Malaysia’s Attorney-General in an apparent purge of critics. British Prime Minister David Cameron is facing a domestic backlash for pushing forward with a visit to Kuala Lumpur this week despite the snowballing controversy.

Here are five reasons why Obama might want to break from Cameron by giving Najib a wide berth.

  1. 1MDB — A Wall Street Journal report has alleged that Najib’s personal bank accounts received nearly $700 million in March 2013 from 1Malaysia Development Berhad (1MDB), a government-owned development fund. Najib has protested his innocence and threatened legal action against the Journal. “I am not a thief,” Najib told Malaysian media on July 5. “I am not a traitor and will not betray Malaysians.” The Police, the local anticorruption agency, the Attorney General’s office and the central bank are investigating the allegations. On July 8, the police raided 1MDB’s office in Kuala Lumpur and took away documents. Even before the latest news, 1MDB was an embarrassment for Najib, who chaired the fund’s advisory board as debts of $11.6 billion were accrued. Such are the suspicions of malfeasance that former Prime Minister Mahathir Mohamad, who ran the country from 1981 to 2003 and has long been considered Najib’s mentor, has repeatedly called for his protégé’s resignation over 1MDB’s alleged mishandling.
  2. Anwar Ibrahim — Najib’s main political rival is once again in prison for a sodomy conviction. Human Rights Watch deemed his five-year sentence handed down Feb. 10 to be “politically motivated proceedings under an abusive and archaic law.” This is the second time Anwar has been jailed for sodomy.
  3. Hudud — Stoning for adultery and amputation for theft are not the kind of punishments meted out by the progressive state that Malaysia purports to be. Yet Najib’s United Malays National Organisation (UMNO) is supporting attempts to introduce hudud Islamic law in the Pan-Malaysian Islamic Party’s (PAS) heartland state of Kelantan, where nightclubs are forbidden and men and women are designated separate public benches. Why is UMNO supportive of recognizing hudud under federal law? Largely because PAS is part of a three-party Pakatan Rakyat coalition that is UNMO’s chief challenger. The other partners — Anwar’s Keadilan, or People’s Justice Party, supported by middle-class, urban Malays, and the Chinese Malaysian–backed Democratic Action Party (DAP) — are strongly against hudud. Many analysts accuse UMNO of cynically fostering a radical Islamic bent to widen rifts in its political opponents.
  4. Shaariibuugiin Altantuyaa — In 2002, when Najib was Defense Minister, a $1.25 billion contract was signed to purchase two Scorpène submarines from French firm DCNS. Altantuyaa was a Mongolian woman who, knowing French, facilitated negotiations as a translator, and then allegedly attempted to blackmail Abdul Razak Baginda, one of Najib’s aides with whom she was also having an affair, for $500,000 over “commission” payments he had allegedly received. Two policemen posted to Najib’s bodyguard detail were convicted of murdering Altantuyaa on October. 18, 2006. Najib denies any involvement.
  5. Prevention of Terrorism Act — Najib campaigned on scrapping the controversial Internal Security Act (ISA) but then immediately replaced it with the equally sweeping Prevention of Terrorism Act (POTA) and Security Offences (Special Measures) Act, or SOSMA. The POTA includes practically the same powers as ISA, including two-year detention without trial, and was dubbed a “legal zombie arising from the grave of the abusive [ISA]” by Human Rights Watch. Najib also vowed to repeal the similarly maligned Sedition Act but reneged after his election in 2013. In fact, in April his government extended the maximum jail term under the Sedition Act from three to 20 years.

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