Former AG Abu Talib Othman said to amend the constitution, a two-thirds majority was needed which the government did not have in the Dewan Rakyat.
“The proposal is a non-starter as the constitution needs to be amended,” he told FMT.
He, however, said what was important was that the person appointed to the office of AG, being the guardian of the law, must have a true sense of justice.
“But you cannot predict the behavior of that person after being appointed to that important post,” he said.
Abu Talib, who was AG for 13 years until 1993, stressed the importance of fair play and quoted civil rights activist Martin Luther King, who had said “injustice anywhere is the threat to justice everywhere”.
Abu Talib said this in response to the Institute for Democracy and Economic Affairs (IDEAS) suggestion to reform the role and duties of the AG to ensure better check and balance.
IDEAS wants to separate the role of the AG as the government’s lawyer and public prosecutor, and the other is for the AG to be selected from among MPs in the Dewan Rakyat.
It is also proposing the setting up of a public prosecutor’s office, led by a director of public prosecution, a scheme similar to the United Kingdom.
The director of public prosecution will be elected by MPs with a simple majority but his removal would require an impeachment process and a two-thirds majority vote in the Dewan Rakyat.
Last year, former AG Gani Patail was abruptly removed from office, three months before he was due for retirement on grounds of “ill health”.
He was then leading a special task force investigating allegations of corruption at 1Malaysia Development Bhd (1MDB) and the RM2.6 billion donation received by the prime minister.
IDEAS’ second proposal was for the AG to be appointed by the prime minister from amongst government MPs. He could be removed anytime as he is deemed to be the legal adviser to the government.