Government should consider tribunal to safeguard A-G's post

The government needs to seriously consider forming a special tribunal to protect the Attorney-General (A-G) from being stripped off his post by any party.

Constitutional lawyer, Syahredzan Johan said the tribunal at the same time would ensure that whatever cases being probed under the A-G’s jurisdiction will be completed without any interference.

He said, establishing a tribunal would also help to strengthen the public’s trust in the country’s judicial system.

“The A-G’s responsibility is huge. He needs to be allowed to carry out his duties without fear or favour, without feeling that the decision he makes could affect his position,” he said when contacted by Astro AWANI today.

Syahredzan was commenting on the statement made by Puchong MP Gobind Singh Deo who said he would table a private members bill in the next Parliamentary session which will commence from Oct 19.

In a report by The Malaysian Insider today, Gobind, who is also DAP national legal bureau chief, had said the bill is to amend Article 145 (6) of the Federal Constitution – to make it compulsory for a tribunal to decide whether an A-G should be removed from his post

However, Syahredzan, who is also National Young Lawyers Committee chairman, said Gobind’s chance to table the bill at the next Dewan Rakyat sitting was tremendously slim.

“Gobind won’t have a chance to table the bill. Usually, the Dewan Rakyat won’t have enough time to get to the private members bill because government matters will take priority,” he said.

He said, even if Gobind had the chance, he would still fail because he would not get the approval he seeks.

“An amendment to the Constitution needs to be debated and the support of two-thirds of the Parliament,” he added.

In the report, Gobind had said there seemed to be differing views on the removal of the A-G, if it could be done without going through a tribunal.

Gobind had cited Clause 6 of Article 145, which he claimed contained words that suggested the security of tenure was unique to the first A-G, Tan Sri C.M. Sheriden.

The move by Gobind follows the removal of former Attorney-General, Tan Sri Abdul Gani Patail by the government on July 27, some two months before his term was to officially end.