DAP will seek an appointment with Prime Minister Dr Mahathir Mohamad to urge him to reconsider the appointment of Abdul Gani Patail as attorney-general.

DAP chairperson Lim Kit Siang said the party objects to Gani's appointment because Article 145(1) of the Federal Constitution has not been invoked to advise the Yang di-Pertuan Agong on the appointment.

Minister in the Prime Minister's Department Dr Rais Yatim had committed a faux pas in announcing Gani's appointment as the new AG, Lim told a press conference at the DAP headquarters in Kuala Lumpur today.

The announcement was made on Nov 19, the same day current AG Ainum Mohd Saaid had submitted her resignation letter as confirmed by Rais.

"There was no way Article 145(1) of the Constitution on the appointment of AG. . .could be complied with to permit Rais to validly and legally make the announcement of the appointment of the new AG on the very same day as Ainum's submission of her resignation.

"This showed utter contempt for the Constitution, Agong, and even the Conference of Rulers.

"There are at least six separate steps that must be taken under the Constitution to appoint the new AG after Ainum submitted her resignation to Rais.

"First of all, Ainum's resignation letter must be accepted by the proper authority. And Rais was not the proper authority," said Lim.

The prime minister then advises the Agong, followed by His Majesty's acceptance of this advice.

Not a fickle decision

He said the selection of the new AG must not be an arbitrary or fickle decision. It must be a consultative process in keeping with the principles of accountability and transparency.

"Dewan Rakyat Speaker Mohamed Zahir Ismail should have allowed the motion by Teresa Kok (DAP-Seputeh) to adjourn the House to debate on the constitutionality and propriety of the appointment of a new AG."

Lim was referring to Zahir's rejection last week, of the call for an urgent House debate on the matter in Parliament.

"This was a matter of grave public importance and interest," Lim countered.

He said Rais has created yet another faux pas by saying the government should be allowed to proceed with the appointment of Gani as AG.

DAP objected to Gani's appointment because he was "not fit to be an AG as he has created a crisis in the system of justice in Malaysia", said Lim.