PETALING JAYA: The constitutional due process of law must be upheld in the appointment of the chief commissioner of the Malaysian Anti-Corruption Commission (MACC), says the Human Rights Commission of Malaysia (Suhakam).
Suhakam called on Prime Minister Datuk Seri Anwar Ibrahim to bear the constitutional responsibility to advise His Majesty Sultan Ibrahim, King of Malaysia, on the appointment.
“Malaysia is a constitutional monarchy founded upon the principle of the supremacy of the Federal Constitution and the rule of law.
“Within this constitutional framework, the Yang di-Pertuan Agong acts in accordance with constitutional provisions, including the well-established principle that His Majesty, in the exercise of his functions, shall act on the advice of the Prime Minister or the Cabinet, except in very limited and clearly defined circumstances,” it said in a statement issued after the announcement of the new MACC chief Datuk Seri Abdul Halim Aman’s appointment.
Suhakam said this is clearly spelt out in Article 40 of the Federal Constitution.
“Section 5(1) of the Malaysian Anti-Corruption Commission Act 2009 (Act 694) expressly provides that the Chief Commissioner shall be appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister.
“When this provision is read together with Article 40 of the Federal Constitution, what is stipulated is that the effective appointing authority is conferred by the Constitution and the law to the Prime Minister.
“The role of the Yang di-Pertuan Agong in the appointment process is merely formal or ceremonial,” the commission added.
Suhakam further said that the King must accept whoever the Prime Minister advises should be appointed.
“Of course, His Majesty is not precluded from giving his views or advice or seeking more information on the Prime Minister’s choice; however, ultimately, the Prime Minister’s advice or choice prevails.
“Any departure from this constitutional framework is inconsistent with and violates the Federal Constitution and undermines Malaysia’s democratic system of governance,” it said.
The commission said the independence and credibility of the MACC depend not only on the individual appointed, but also on the integrity and legality of the appointment process itself.
“Any perception of constitutional deviation risks eroding public trust in anti-corruption efforts and governance more broadly.
“Suhakam calls for full and strict adherence to the Federal Constitution and the MACC Act 2009 in the appointment of the next Chief Commissioner,” it stated.
On Saturday (April 25), Chief Secretary to the Government Tan Sri Shamsul Azri Abu Bakar announced that His Majesty Sultan Ibrahim, King of Malaysia, approved the appointment of Abdul Halim as the Chief Commissioner of MACC effective 13 May, succeeding Tan Sri Azam Baki.
Azam’s contract will end on May 12.
The proposed appointment was presented by Prime Minister Datuk Seri Anwar Ibrahim to the King yesterday (April 24).
