KUALA LUMPUR – Reforms need to start with low-hanging fruit.
Hence the Madani government could start with the independence of the Attorney-General’s Chambers (AGC).
The AGC will be considered non-independent and remain “compromised” for as long as it falls under the purview of the nation’s highest office, said Muda founder Syed Saddiq Syed Abdul Rahman.
Fresh from his bombshell announcement on leaving the unity government following the discharge not amounting to an acquittal (DNAA) on Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi’s graft charges, Syed Saddiq believed there was no separation of powers on this matter as the AGC reports directly to the prime minister.
“Until and unless we separate the role of the AG and the prosecutor, it (the AGC) is compromised. Even if it’s not compromised, it will forever be seen to be compromised.
“In Malaysia, the AG reports directly to the prime minister. It (the AGC) is placed directly under the (department of the) prime minister. What gives even more speculation and credence, was the statement given by the prime minister (Datuk Seri Anwar Ibrahim) after being queried by the media. The prime minister himself said that the AG met with him many times to discuss about this case,” Syed Saddiq said during an interview with Scoop on The Good, The Bad, and The Ugly podcast recently.
“The AG proposed this date or that date for the charges to be dropped, and the prime minister responded in this and that way. That clearly shows that there is no separation (of powers). These are not my words, these are the words of the prime minister himself.”
Last Monday, Zahid, who also heads Barisan Nasional, was granted a DNAA by the high court on all 47 of his corruption, criminal breach of trust, and money laundering charges involving his foundation, Yayasan Akalbudi.
Following widespread backlash from certain quarters critiquing the AGC’s decision to request for Zahid’s discharge, Anwar said that then-AG Tan Sri Idrus Harun had decided to submit the application after reviewing facts surrounding the case.
Anwar also said that Idrus had insisted on presenting the application on September 4 as the following day marked the end of his term as AG before Datuk Ahmad Terrirudin Mohd Salleh took over the post.
Yesterday, Anwar told Singapore’s CNA that he remains committed to reforming the nation’s economy and governance, acknowledging that these changes will require time.
Aside from reducing reliance on unsustainable subsidies and outdated policies, the Pakatan Harapan chief expressed determination to establish a mature and responsible democracy in the country, with a clear separation of powers between the executive and judiciary.
In response to the controversy last week, Syed Saddiq announced on Sunday that he was withdrawing support for Anwar’s administration over its alleged failure to provide an explanation for the DNAA decision.
In the international context, Syed Saddiq said that such a situation would likely lead to impeachment or a thorough investigation of political interference.
However, he noted that in Malaysia, such practices have been normalised, including untruthfulness in Parliament.
“I’ll be very clear. Once there is prima facie, that means that there is enough evidence to convict, unless there is a defence. That means that the previous DPP (deputy public prosecutor) did a great job already. The point that there needs to be new evidence, again, that’s under the speculation that you need new evidence to convict? No.
“There’s already enough evidence to convict, but now he (Zahid) needs to file his defence to quash the initial perception of conviction.”
Syed Saddiq questioned the timing of Zahid’s release, especially after the extensive trial involving over 100 witnesses and numerous documents. He also drew attention to the prime minister’s prior stance as opposition leader, where he had opposed the dropping of Zahid’s charges – but later, as prime minister with the Umno president’s support, had the charges dropped.
“I’m pretty sure I’m not the only one asking this question because when you look at the whole scheme of things from the beginning to the end, I think there are clearly errors and problems.
“And if you do nothing about it, and we don’t dare to speak up about it, my fear is that it sends a horrible precedence for future politicians like myself or the younger generation that aspires to join politics because in the end, we can steal as much as we want, forget about the country, because it’s all about political leverage and power.”
Syed Saddiq also said that even during Datuk Seri Ismail Sabri Yaakob’s tenure as prime minister, Zahid’s charges were not dropped, noting that Ismail Sabri had never claimed to be a reformist.
“The way forward is to quickly decentralise power from the hands of the prime minister’s office, put the AGC under Parliament so that it doesn’t report directly under the prime minister,” Syed Saddiq said.
“The MACC must be under Parliament as well, not under the prime minister’s office. And separate the role of the AG and prosecutor.
“I know people say ‘but Saddiq, you have pulled support, the government no longer has two-thirds majority’. If it is tabled, I will give you my commitment, even if it is proposed today in Parliament.” – September 15, 2023