Beyond ethnicity, serious concerns about choice of AG
It’s not merely a question of ethnicity, there are other concerns such as a possible conflict of interest, poor command of the national language and lack of understanding about the shariah.
Free Malaysia Today
Reservations over the possible appointment of constitutional expert Tommy Thomas as the new attorney-general may have to do with concerns about conflict of interest and problems in dealing with his day-to-day job, more than ethnic and religious factors, according to a highly placed source close to the government.
The source confirmed that Prime Minister Dr Mahathir Mohamad’s choice of a non-Malay and non-Muslim as head of the Attorney-General’s Chambers has not sat well with some within Pakatan Harapan (PH).
But it was pure speculation “bordering on lobbying” to suggest that the disagreement had to do with Thomas’s ethnicity and religion, it said.
The source, who agreed to speak to FMT on the condition of strict anonymity, said many had pointed out that Thomas had been part of the legal team for Lim Guan Eng, the current finance minister.
Thomas appeared alongside Gobind Singh Deo when Guan Eng challenged committal proceedings initiated by Attorney-General Mohamed Apandi Ali, in a case linked to the corruption charges against Lim.
He also represented the Penang government under Guan Eng, when the state sued the Election Commission and the federal government to restore municipal elections.
“He had represented Guan Eng. This is a conflict of interest that is direct, clear and obvious,” the source said.
Guan Eng is to face trial on charges of corruption and abuse of power in Penang related to the change in a land status and the purchase of a bungalow, alleged to be below market price. The case has been postponed to July 30 for case management, to enable a new AG to review the case.
The new government instructed Apandi Ali to go on leave, after he refused to vacate his post despite pressure from the Pakatan Harapan led-government.
Growing calls for an immediate replacement brought Thomas’s name to the fore, but to opposition from within the PH government.
Some in the legal fraternity were surprised by the choice, the source said. “Most scratched their heads. He has not done even one criminal case,” said the source, although agreeing that Thomas’s knowledge of the constitutional aspects of law was “very strong”.
Weak command of Bahasa Malaysia
Many senior PH politicians also pointed out that Thomas had a weak command of Bahasa Malaysia, which could further complicate the new government’s already fragile relations with some Malay rulers.
“They say he can’t speak Malay,” the source said. “This makes it problematic to execute the duties of the AG, especially when it requires communication with members of the palace on a formal level.”
The candidate also lacked a knowledge of Malaysia’s shariah law, despite its important existence parallel to civil law.
“The prevalent theory that royalty rejected this person because he is non-Malay or non-Muslim is simply not true. Such talk has elements of lobbying,” according to the source, who is close to the inner circles of a PH component party.
Critics did not take issue with a non-Malay as Attorney-General, but the source cautioned the administration to “tread the path with wisdom”.
“Barging through with radical changes” could spook a crucial section of the population long used to unwritten conventions.
“They ask ‘Has there been a non-Malay AG previously? If none, then the convention is, the AG must be a Malay. Changing it means changing convention/policy’. They argue that similarly, it is convention that the PM is Malay,” the source added.
A fear of opening the flood gates
In one private meeting with senior members of the PH leadership, there were worries expressed that the new government could be seen to be trying to rattle a crucial section of the population by breaking the convention to appoint a non-Malay as the chief prosecutor.
“Malays may see this as opening flood gates. They will say, once PH succeeds in getting a non-Malay AG, then the next is a non-Malay PM,” the source quoted a ruling politician as saying.
“If PH spooks the Malay population with simple issues like this, they will divide society and in the end turn the tide against PH,” he added.
He cautioned against a growing tendency of some within the legal fraternity to lobby for the candidate by citing the Federal Constitution and highlighting a purported provision on “limited powers of the Malay rulers”.
The source said such lobbying only created the impression of a total disregard among the lobbyists of the rights of the Rulers to be consulted on matters of national policy, under Article 38 of the Federal Constitution.
