Mahathir sticks to AG choice as Malay opposition to govt's pick intensifies

KUALA LUMPUR - Prime Minister Dr Mahathir Mohamad on Sunday (June 3) said that his administration will not submit any other names for the position of attorney-general, as the Malay rulers prepare to gather for an emergency meeting in Kuala Lumpur on Tuesday over the matter.

Dr Mahathir said the government’s decision to name Mr Tommy Thomas, an ethnic Indian and Christian, as the new attorney-general was done according to the law.

"Under the federal constitution, the Yang di-Pertuan Agong has to act (to appoint the A-G) on the advice of the prime minister,” said the prime minister.

"So we are holding to that principle," Dr Mahathir told a press conference which was livestreamed by Berita Harian on Sunday from Alor Setar.

His comments came as thousands of Malaysians signed an online petition objecting to the government’s proposed appointment of Mr Thomas as the country’s attorney-general on the grounds that he is not Malay-Muslim, with opposition Islamist party Parti Islam Se-Malaysia (PAS) also asserting on Sunday that the post must be held by a Muslim.

The petition on ipetitions.com has collected over 11,000 signatures in a day and was started by an individual called ‘Pejuang Melayu’ (Malay warrior).

“I reject the proposed Tommy Thomas. A-G should be well versed in syariah law,” one Md Salleh Senan posted on the petition site.

Another commenter said if Mr Thomas is appointed, it would be an infringement on Malay rights as the top job was normally given to a Malay-Muslim.

“The rights of the Malays need to be protected for generations to come,” Shabrina Safaie said.

Some even suggested to the Malay rulers to be firm on this matter and anyone who goes against Malay rights should be thrown out of the country.

“Your Majesty, I request an addition to the constitution that if any race does not understand Bumiputera rights, they be expelled from the country,” said Azmaan Shah Yaacob.

Wading into the issue, PAS’ information chief Nasrudin Hassan said that only a Muslim AG will be capable of advising the government on Islamic matters to safeguard the rights and interests of the country’s majority Muslim population.

“Islam is the religion of the federation. The appointment of the Attorney General must take off from there. Must be a person who is seen as capable of defending Islam as the country’s religion,” he said in a statement.

“It would be awkward if the appointed attorney general is non-Muslim or is incapable of carrying out tasks to that purpose,” Mr Nasrudin added.

He then claimed the appointment of the AG must also fulfil the wishes of the majority population who are Muslim as “Islamic sensitivities must be protected”.

He said Malaysia cannot have a non-Muslim AG as the office bearer’s view would “conflict with Islam as the nation’s religion”.

The Keeper of the Rulers’ Seal said on Sunday that the Conference of Rulers will meet on Tuesday to discuss the appointment of the next AG.

According to Syed Danial Syed Ahmad, the Rulers have also not agreed on terminating the services of the incumbent AG Mohamed Apandi Ali who has been put on garden leave after the Pakatan Harapan coalition took federal power in the May 9 general election.

“The Malay Rulers have been following this development and consider it their responsibility to help resolve this impasse,” Syed Danial was quoted saying in a statement to The Star news portal.

The palace official said the Rulers have not agreed to the government’s choice of Mr Thomas for the AG post and cited Article 145 clause (1) and (5) of the Federal Constitution which concerns the King's responsibilities on the appointment of the AG.

Article 145(1) says that the King “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”.

Article 145(5) says the AG “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”, but with a caveat subject to clause (6).

Article 145(6) clarified that the person holding the AG office immediately before a new one is appointed “shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court”.

Earlier on Sunday, the Malaysian Consultative Council for Islamic Organisations objected to Mr Thomas’ appointment as it claimed Bahasa Malaysia is not his first language.

Institute of Islamic Strategic Research Malaysia chief executive officer Prof Mahamad Naser Disa said giving Mr Thomas the country’s top legal job was unconstitutional.

In a statement, he said a non-Muslim could not assist the King in preserving the sanctity of Islam, and therefore breaches Article 145(2) of the federal constitution.

Prof Naser said Article 145(2) states that it is the duty of the A-G to advise the King or cabinet on any legal matter.

“His stand and that of like-minded Muslim lawyers that Malaysia is a secular country clearly infringes on the constitution, which states that Islam is the country’s official religion," he said.

The Malaysian Insight (TMI) had first reported on Saturday that PH had written to the King more than 10 days ago asking for the removal of Mr Mohamed Apandi and to replace him with Mr Thomas, the unanimous choice of the Pakatan Harapan government.

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.

The four component parties of PH - Amanah, Bersatu, Democratic Action Party (DAP), and Parti Keadilan Rakyat - felt that the appointment of a respected legal name would send the right signal to Malaysians and the rest of the world that the new government is serious about reforming the country's institutions, TMI reported.

Also, the 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 1Malaysia Development Berhad scandal.

Dr Mahathir on Sunday also said it was not right to question Mr Thomas’ impartiality over his past links with DAP secretary-general Lim Guan Eng.

Mr Thomas had represented the finance minister in several of his cases over the years.

"He has been a lawyer for everybody. He had also acted for Barisan Nasional. Lawyers take cases that give them some income," said Dr Mahathir, who added that the federal government is looking into a solution on the matter though he declined to elaborate.

“I cannot comment further as it is still in progress.”

Media reports on King Muhammad V’s reasons for rejecting Mr Thomas have been varied.

According to TMI, the King is not keen on the ethnic Indian lawyer due to racial and religious reasons while The Star daily claimed the monarch preferred candidates who have experience sitting on the Bench.

Legal experts and critics, including former minister Rais Yatim, have said the federal constitution does not require the A-G to be a Malay-Muslim and that the King can only make the appointment on the advice of the prime minister. AGENCIES