The time has come for the country's attorney-general to also be a member of parliament, said constitutional law expert Abdul Aziz Bari.

 

His suggestion is due to the problematic functions of the attorney-general in the Malaysian context, which he said is due to the many conflicting provisions in the Federal Constitution.

 

Abdul Aziz pointed out that attorney-generals during the time of former premiers Tunku Abdul Rahman, Abdul Razak Hussein, and Hussein Onn, were all members of the cabinet.

 

"Then (former premier) Dr Mahathir Mohamad changed the position of AG to that of a government officer, which is different from the rest of the world where the AG is the principal legal officer of the government.

 

"The United Kingdom has both the attorney-general and solicitor-general sit in Parliament as MPs.

 

"The time has come to bring back those days where the AG can answer questions in Parliament himself rather than the public be given the merry-go-round," he said in a press conference at the DAP headquarters in Kuala Lumpur yesterday.

 

The newest DAP member also cited the case when de facto law minister Nancy Shukri would say something and the next day, the AG would either confirm or deny the matter.

 

"This is not good. We deserve to have more accountability," he said.

 

The attorney-general is tasked to advise the government on legal matters and he has the powers to institute charges for an offence, while the solicitor-general acts as his deputy.

 

Gani urged to challenge termination

 

Abdul Aziz was commenting on the premature sacking of Abdul Gani Patail.

 

His opinion is that Gani should take the government to court. However, as he did not expect the former AG to do so, Abdul Aziz said the Agong may bring a question to the Federal Court.

 

"And the Federal Court shall issue a judgment in an open court and that will become the law," he said.

 

In a move that shocked many, including the then attorney-general himself, Chief Secretary to the Government Ali Hamsa announced on Tuesday that Gani ( photo ) had been replaced with former Federal Court judge Mohamed Apandi Ali, who is 65.

 

Ali had said the decision was due to Gani’s ‘health problems’.

 

However, the timing of the retirement - amidst the ongoing special task force probe on 1MDB, in which Gani was a key figure - has stoked speculation that it was an attempt to neutralise the findings.

                       

Gani’s last day is Oct 6, when he turns 60, the mandatory age of retirement for civil servants.

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