Connect with us


Law Experts: M’sia Had Non-Malay AGs Before, No Issue with Tommy’s Appointment


"there Were Non - World Of Buzz
Source: The Star and The Malaysian Insight

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

If you’re up-to-date with Malaysian politics, you would know that the latest political squabble was the appointment of Malaysia’s attorney-general (AG).

The Pakatan Harapan (PH) coalition had unanimously nominated their sole-candidate Tommy Thomas as the new AG but a handful of Malaysians weren’t on board with the idea of having a non-Muslim/Malay AG. This is because they are worried that he will not be able to advise the Yang di-Pertuan Agong on issues pertaining to the Muslim community. A fair concern! 

However, now that Tommy Thomas has been given the consent to take on the role as Malaysia’s new AG, did you know that Tommy Thomas actually isn’t the first non-Muslim/Malay AG in Malaysia?

According to The Star, law expert Prof Datuk Dr Shad Saleem Faruqi revealed that we have had two non-Muslim/Malay AGs before the Federation of Malaya, and these gentlemen were:

  • Thomas Vernor Alexander Brodie (1955 – 1959), and
  • Cecil M Sheridan (1959 – 1963) 
Datuk Drshad Saleem Faruq 3

Source: the star

Therefore, there is actually no problem with Tommy being appointed the AG of Malaysia, according to Dr Shad. 

“Article 145(3) puts any proceedings before the Syariah courts outside the AG’s powers.”

“The argument that appointing a non-Muslim AG is unconstitutional is, to say the least, incredible and self-serving,” he explained.

A clause from Article 145(3) also reads,

“The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martia”.

In short, we can have a non-Muslim/Malay AG.

Nevertheless, he also pointed out that the AG should be an all-rounded lawyer.

“Admittedly the AG must be a versatile person. In the present circumstances, the most important quality is that he or she must be committed to constitutionalism and have a thorough grasp of our basic law, the Federal Constitution.”

“Nothing in the Federal Constitution bars a non-Malay from holding any post, other than that of the King, the Sultans, posts in the Royal Malay regiment, and if it’s in the state’s constitution, the post of mentri besar,” said Dr Shad, who is also a Tunku Abdul Rahman Professor of Law at UM.

He then noted that despite not being able to hold the positions listed above, as per Article 8 of the Federal Constitution, all Malaysians are equal before the law. 

Gurdial Singh Nijar

Source: the rocket

Besides Dr Shad, constitutional expert Gurdial Singh Nijar also said the same about Tommy’s nomination for the AG position.

“It is ultimately up to the government of the day to choose whoever it perceives (to be) the most qualified person for the job.”

“Article 40(1)(a) says that where the King is to act on the advice of the PM, ‘he shall accept and act in accordance with such advice’. Thus this leaves no room for discretion. It is a mandatory requirement.”

“The consultation requirement is satisfied if there is mere consultation. In other words, consultation outcome is not binding on the PM or the Government,” added Gurdial.


Source: pinterest

Similarly, constitutional lawyer New Sin Yew also stated that a person’s race and religion do not matter when it comes to holding the AG position. 

“Under the Constitution, there is no such requirement that the AG must be of a certain race or religion. Quite clearly, the drafters of our Constitution, our forefathers, had the wisdom to decide that this is a job that the best man or woman should have,” he said.

In a nutshell, under the Federal Constitution (aka Malaysia’s Supreme Law), Tommy Thomas can become the Attorney-General of Malaysia. And now that the Agong has finally given consent to appoint Tommy Thomas as the new AG (and consequently sacked Apandi Ali), we’ll be looking forward to him taking on the new role!


Also read: 6 Things You Should Know About Tommy Thomas, Malaysia’s Potential New AG

6 Things You Should Know About Tommy Thomas, Malaysia's Potential New Ag - World Of Buzz 8

Follow us on Facebook, Youtube, Twitter, and Instagram for the latest stories and updates daily.

Just In

Collage 7 1 Collage 7 1
News1 second ago

Customs Department Officers Will Use Body-Cam To Save Them From Accusations Of Corruption

Earlier this year, it was reported that Malaysia ranks 57th in the global corruption perception index. Unfortunately, corruption is still...

Ft Kopi Ft Kopi
News47 mins ago

Price of Drinks at Kopitiams Will Increase Up To 60 sen Starting Jan 2022

Although economic activities have resumed ever since the relaxation of Covid-19 restrictions, businesses have continued to face other problems, including...

Collage 5 1 Collage 5 1
News4 hours ago

MP: Limiting Beer Sales In F&B Outlets Interferes With The Lives Of Non-Muslims

Just last month, Dewan Bandara Kuala Lumpur (DBKL) had started to enforce the ban on the sale of hard liquor...

Ft Kelvin Ft Kelvin
News5 hours ago

“Ismail Sabri is a Keluarga Malaysia Bully” Politician Demands PM to Apologise After ‘Threatening’ Sarawakians

With the Sarawak state elections coming up, many politicians have urged Malaysians to vote and to not make the ‘wrong...

Amputate Ft Amputate Ft
News5 hours ago

Austrian Doctor Fined Over RM12,900 After Amputating Elderly Man’s Wrong Leg

Talk about getting off on the wrong leg… yikes! Recently, a surgeon in Austria was fined $3,049 (RM12,900) for wrongly...

Wild Party Ft Wild Party Ft
News7 hours ago

299 Individuals Arrested In ‘Wild Pool Party’ Raid In KL

A total of 189 men and 110 women were arrested after attending a ‘wild pool party’ at a swimming pool...

Abuse Baby Die Johor Woman Detained Abuse Baby Die Johor Woman Detained
News22 hours ago

PDRM Detains Woman & Boyfriend In Johor After Her 5yo Son Dies From Suspected Abuse

A 5-year-old boy died while on the way to the hospital on 3 December 2021, believed to have been abused...

Volcano Semeru Eruption Flee Volcano Semeru Eruption Flee
News23 hours ago

Watch: Locals Flee As Indonesia’s Mount Semeru Erupts & Spews 12km Of Ash Into The Sky

Mount Semeru, a volcano located on Indonesia’s most densely populated island of Java suddenly erupted yesterday, spewing gigantic columns of...


Latest Videos