APRIL 24 — It is heartening to read that His Majesty Sultan Ibrahim, King of Malaysia said he would determine the best candidate to become the next chief commissioner of the Malaysian Anti-Corruption Commission (MACC).
In a Facebook post, His Majesty said that the MACC chief’s post was important to ensure the body continues to function effectively as the country’s main institution in fighting corruption, misappropriation and abuse of power.
“I will determine who is the best candidate to lead the MACC after this,” His Majesty said.
Section 5(1) of the MACC Act 2009 says that the King “shall, on the advice of the Prime Minister, appoint a Chief Commissioner of the Malaysian Anti-Corruption Commission for such period and on such terms and conditions as may be specified in the instrument of appointment”.
His Majesty Sultan Ibrahim, King of Malaysia, says he will determine the best candidate to lead the Malaysian Anti-Corruption Commission. — Bernama pic
The King is but a constitutional monarch. His Majesty is governed by the Federal Constitution, the highest law of the law.
Article 40(1) of the Federal Constitution is explicit and clear that in the exercise of the King’s functions under the Constitution or federal law, His Majesty acts “in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution”.
The King, however, is “entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet”.
The constitutional requirement to act on advice, except where the Federal Constitution allows the King to “act in his discretion” — Article 40(2) — is reinforced in Clause (1A) which is as explicit and clear that in the exercise of the King’s functions under the Constitution or federal law, where the King is to “act in accordance with advice, on advice, or after considering advice, [His Majesty] shall accept and act in accordance with such advice”.
The MACC Act 2009 is such federal law.
Be that as it may, the message is clear from His Majesty: the MACC chief’s post is important to ensure the body functions effectively as the country’s main institution in fighting corruption, misappropriation and abuse of power.
Let he or she be the best candidate to shoulder the trust of the King and the people.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
