Parliament has no role in appointing MACC chief, says Sri Ram

Former Federal Court judge Gopal Sri Ram said today that the legislature has no role to play in key public appointments, such as Latheefa Koya being made the MACC chief commissioner.

Sri Ram explained that unlike the presidential system practised in the US and the Philippines, appointments here are made by the Yang di-Pertuan Agong upon the advice of the prime minister or cabinet.

"Here, the appointment is approved by the cabinet, so the parliamentary select committee (on public appointments) has no role to play," he told Malaysiakini when contacted today.

"The appointment of judges, head of MACC, head of Election Commission and heads of various government agencies such as Bank Negara are appointed by the cabinet – or rather, by the king on the advice of the cabinet."

Sri Ram added that it would be unconstitutional if these public appointments have to be vetted by Parliament.

Earlier today, Parliamentary Special Select Committee on Public Appointments chairperson William Leong said that he was not aware of Latheefa's appointment as the MACC chief.

"It (her appointment) should have been brought to our notice for us to discuss the matter, but we were not aware of it," Leong said.

The bipartisan parliamentary select committee was set up on Dec 4 last year to scrutinise candidates appointed to major public positions.

This is in line with Pakatan Harapan's election manifesto which, among others, pledges that key national appointments to agencies, including the MACC, must be approved by a suitable parliamentary committee.

"This will reduce the ability of the prime minister to intervene in these important appointments," the manifesto reads.

However, several appointments made since Harapan took over the government have bypassed the committee, including that of Inspector-General of Police Abdul Hamid Bador and Chief Justice Tengku Maimun Tuan Mat.

Leong said last month that the committee would discuss the appointments of the IGP and CJ.

Asked about Harapan's pledge to allow Parliament to scrutinise major public appointments, Sri Ram declined to comment, saying that he is speaking as a lawyer and would not entertain political questions.

"I'm a lawyer, I’m giving you the legal position," he said.

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