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Saturday, September 24, 2016

'Appointment of key gov't positions shouldn't be under PM'


The appointment of key positions in the government such as inspector-general of police, Bank Negara governor, attorney-general and the Malaysian Anti-Corruption Commission chief commissioner should not be under the prerogative of the prime minister.
This view is shared by the former Court of Appeal judge Mohamad Ariff Md Yusof and former Malaysian Bar president Kuthubul Zaman Bukhari.
Ariff, who retired earlier this year, said the British left us with the recipe for the appointment of such important positions.
"However, I believe now that this can only work in England. I agree we have to change as the PM cannot be given so much power to appoint the judiciary, Bank Negara governor or attorney-general, which should be constitutionally protected," he added.
Kuthubul, who led the Bar in 2003, noted that the prime minister also appoints the IGP.
"How can you expect the IGP to investigate the person who appointed him. I think the appointment of the IGP, AG, MACC head (chief commissioner) and Bank Negara governor should no longer be under the prerogative of the prime minister," he said.
Ariff and Kuthubul, along with former attorney-general Abdul Gani Patail, were part of a four-member panel which discussed on the independence of the government institutions at the International Malaysian Law Conference today.
Kuthubul noted that last year the AG was removed, MACC officers were transferred, and recently the MACC top post replaced.
He said to counter all this and not to have powers centered on the AG, he proposed that the MACC and Bank Negara be given the power to prosecute.
Although the two did not mention it directly, they are believed to be referring to the 1MDB investigations which had implicated Prime Minister Najib Abdul Razak. The 1MDB is also a subject of a forfeiture action by the United States Department of Justice.
A high-ranking government official named 'Malaysian Official 1' was mentioned 36 times in the US court document and Putrajaya officially confirmed it is Najib.
Najib has so far denied any wrongdoing.
Support for two-term limit
Ariff said key institutions have to be independent to avoid controversies and it should not be limited to AG's office, MACC and the police, but also the Bar Council, the financial institutions including Bank Negara and Securities Commission.
“Even universities, the muftis office and the Election Commission should be kept independent. 
“EC is an important institution to be independent. If it is not, that would be detrimental to a good democratic system,” he said.
From a question from the floor, the panel was also asked whether the country should implement a two-term limit as proposed by a political party for the post of prime minister.
To this, Kuthubul said the US constitution provides such term.
“I think that would be a much better system than having a PM for 22 years. Definitely it's good for the country. I support the idea of the new party,” he said.
Yesterday, Parti Pribumi Bersatu Malaysia (Bersatu) vice-president Mukhriz Mahathir said his party will suggest a two-term limit for the prime minister if it can succeed in taking over Putrajaya at the next general election. -Mkini

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