Mahathir’s OFTEN disregard for PSC is troubling

From FMT:

MACC appointment, a setback for the reform agenda? (extracts)

by Dennis Ignatius

Latheefa Beebi Koya

The real issue, however, is not about the prime minister’s constitutional prerogatives or even Latheefa’s credentials but about the prime minister’s commitment to the reform agenda.

It is an issue that needs to be viewed within the context of the demand for democratic reform, accountability and transparency that found expression in the May 9 elections and which brought Mahathir back to power at the head of the Pakatan Harapan coalition.


Context is important


During the last years of Umno-BN rule, we saw how the untrammelled power of the executive to hire and fire key officials was shamefully abused to shield then-prime minister Najib Razak from investigation and quite possibly arrest over the 1MDB scandal. There was widespread revulsion and outrage when Najib removed the attorney-general and other senior officials and replaced them with more pliant officials who quickly absolved him of all wrongdoing.


That shameful episode gave birth to a renewed determination to limit the power of the executive to hire and fire key public officials in the interest of safeguarding our democracy. 

There was general consensus within the then opposition, and certainly widespread public support, for a system of parliamentary checks and balances to moderate executive power. The establishment of a parliamentary select committee (PSC) to specifically scrutinise the appointment of key public officials was, therefore, a key commitment to the people of Malaysia.

Though rooted in a political promise rather than in a constitutional construct (at least for now), it remains binding nonetheless.

Dictator that we once knew, and now also know 

Seen in this context, Mahathir’s disregard for the PSC – and not for the first time – is troubling. True, most of Mahathir’s appointments thus far have been bold and inspiring but those who now cheer his wilful disregard of the PSC might want to remember that a future prime minister might not be so enlightened in his choice of public officials.


Strong leaders or strong institutions?


What is at stake here is whether we are going to put our trust in the prime minister (whoever he or she may be) to always make the right choices or whether we are going to insist on a system of checks and balances to safeguard our still vulnerable democracy from abuse. We ought to need no reminders of the destructive consequences of executive overreach; after all, we are in the mess we are in today precisely because previous prime ministers were all too fallible.


We have a unique opportunity to strengthen our democracy by building into our political system appropriate checks and balances; it must start with the prime minister respecting Parliament and the PSC. Mahathir might find it inconvenient, a hinderance even, but for the sake of building that democracy we all yearn for, he must set the example and submit his appointments to parliament whether or not the constitution demands it.


A setback for democracy


Latheefa’s appointment is, without a doubt, an inspired one. She has a reputation of being fiercely independent and a proven track record of standing up for justice. She’s a great choice to head MACC and all Malaysians will surely want to wish her every success in the battle against corruption.


Nevertheless, we ought to be rightly concerned about the prime minister’s commitment to reform, right to worry that unique opportunities for change are being squandered and right to worry that we are slowly drifting back to the bad old days.