Who should be the next Attorney General? Tommy Thomas?
The King ‘shall appoint’
Clause (1) of Article 145 states that His Majesty the King ‘shall’ on the advice of the Prime Minister, appoint as AG a person proposed by the Prime Minister.
This is what it says: -
‘145(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.’
Note the word, ‘shall’. It is mandatory.
The binding nature of the Prime Minister’s proposal is buttressed by an explanatory clause in Art. 40(1A): It says:-
‘In in the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with such advice.’
Those who delay the appointment of the AG are doing a great disservice to the toils of an elderly patriot trying to right a wayward ship.
These detractors are playing into the hands of the pilferers who have purloined billons from our coffers. They sit pretty, smiling from their strongholds. They think nothing will come upon them so long as they keep raising one constitutional crises after another, and trigger as much unease and delay as possible. That is why they are delaying the appointment of the AG. They wish to feel safe. They think the GE 14 is a pyrrhic victory. They feel they are untouchable.
They must be stopped.
As a nation we cannot sit idly by, while these detractors stultify the rakyat’s hard-won victory.
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-----------------------------------------------------------------------------------------------Extract from a blogpost in Jahamy at Rapera by GK Ganesan Kasinathan is a senior advocate and solicitor practicing in Kuala Lumpur.
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