Mahathir chose a non-Malay as Attorney General & faces strong opposition. Here's why.

The man who backed special rights for Malays might have a good reason to appoint a non-Malay as Attorney General.

Sulaiman Daud | June 04, 2018, 06:26 PM

The Pakatan Harapan (PH) coalition may be in charge, but that doesn't mean everything is smooth sailing.

One of the first things Prime Minister Mahathir Mohamad did after taking power was to send the Attorney General, Mohamed Apandi Ali, on leave.

Apandi, who was appointed Attorney General in 2015 while Najib Razak was Prime Minister, cleared Najib of any wrongdoing related to the 1MDB scandal in 2016.

He also might be investigated for allegedly covering up Najib's role in the corruption scandal.

But with Apandi away, the government will need a new Attorney General.

And Mahathir's choice of successor has proven to be controversial.

Tommy Thomas

On June 2, The Malaysian Insight reported that Mahathir had chosen Tommy Thomas as the new Attorney General.

He wrote to Malaysia's monarch and Head of State, the Yang di-Pertuan Agong, to inform him "more than 10 days ago."

Thomas is one of Malaysia's top litigation lawyers. He earned his law degree from the University of Manchester and a Masters in International Relations from the London School of Economics.

Thomas has over 40 years of legal experience, becoming a Middle Temple barrister in 1974 and was called to the Malaysian Bar in 1976.

Concerns over appointment

However, the Palace allegedly has "reservations" over Thomas.

According to the Insight, this is because Thomas is not a Malay-Muslim, who are a majority in Malaysia.

It also claims that other Malaysian rulers have supported the Agong's stance, and Mahathir has been asked to consider alternate candidates.

Thomas is an ethnic Indian and a Christian.

Malaysia's Islamist political party, PAS, stated on June 3 that the Attorney General must protect Islam as the official religion of the country.

PAS's information chief Nasrudin Hassan said:

"The sensitivity of Muslims must always be protected. This is to avoid from appointing an AG who has a thinking that goes against Islam."

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Besides questions over Thomas's ethnicity and religion, critics have pointed out other reasons why he should not be the new Attorney General.

Free Malaysia Today quoted a "highly placed source close to the government" who pointed out that Thomas had previously represented Lim Guan Eng in court cases.

As Lim is currently the Finance Minister, this could be a conflict of interest if Thomas were to become Attorney General.

The source also shared that some PH leaders found it troubling that Thomas has a weak command of the Malay language.

Double down

Despite such opposition, Mahathir has stood firm.

On June 3, Mahathir denied that Thomas supported a secular Malaysia, and said that there was nothing wrong with Thomas's past association with Lim. He said:

"Lim is in the Government and now the Finance Minister, why can’t this person (Thomas) be friendly with Lim? He is a lawyer for everybody, even for Barisan Nasional. Lawyers take cases that bring them income."

When asked if PH will propose a new candidate if the Agong rejected Thomas, Mahathir said that they would "follow the law".

"We do matters according to the laws and the Federal Constitution, but the King is acting on advice of the government. We are holding on to our principles."

Changed tune?

Mahathir's stubbornness in his choice of Attorney General is surprising considering his previously expressed position on racial issues.

Before he was elected Prime Minister for the first time, he wrote a book called The Malay Dilemma, which was published in 1970.

In the book, Mahathir sets out the following five points:

  • The Malay race are the bumiputeras (indigenous people) of Malaysia.
  • The sole national language is Malay, and all other races must learn it.
  • The tolerant and non-confrontational nature of the Malays allowed them to be subjugated in their own land by the other races with the collusion of the British.
  • A programme of affirmative action is required to correct Malaysian Chinese hegemony in business.
  • Malays should accept aid from the government.

In 1971, the New Economic Policy was launched to expand the economic and education opportunities of the Malay population. Mahathir supported these policies when he became Prime Minister.

In the 1980s and 1990s, large-scale infrastructure projects were awarded to Malay companies with ties to UMNO.

Mahathir has also defended Proton, the Malaysian car company despite its poor performance in the market, as it buys most of its parts from Malay vendors and employs a majority of Malay workers.

From his former role as a champion of the bumiputeras, it seems a big change for Mahathir to now appoint a non-Malay to the influential position of Attorney General, especially one who supposedly can't speak Malay very well.

But Thomas does have a strong legal record, and perhaps Mahathir truly believes he is the best person for the job.

Behind the scenes

This is not the first time that Mahathir and Malaysia's royals have been at odds. In 1992 when Mahathir was Prime Minister, he introduced a Bill to curb the privileges and powers of Malaysia’s royal families.

Perhaps Mahathir had another goal in mind when nominating Thomas.

After all, if Thomas is confirmed despite the reported opposition from the Palace, it underlines his authority as Prime Minister.

Or perhaps Thomas's appointment was intended to send a message that the new PH government would be more multi-racial.

Whatever the real reason, the Agong and other Malaysian rulers will meet at the Istana Negara on June 5 in an "emergency meeting" to discuss the Attorney General appointment.

If Thomas's appointment is successfully confirmed, it's hard to see it as anything other than a victory for the PH -- and for Mahathir.

Top image adapted from tommythomas.net and Mahathir Mohamad's Facebook page.