Absolute power bad for democracy, Bersih says of Latheefa's appointment

Electoral reform NGO Bersih has criticised Prime Minister Dr Mahathir Mohamad for his unilateral appointment of Latheefa Koya to head the MACC, saying the process displayed signs of abuse of power.

“Bersih is troubled by the process by which she was appointed as it highlights a structural weakness in our governance and making abuses of power inevitable.

“While current laws allow the prime minister to advise the King to appoint whosoever he wants, such almost absolute power in the hands of the prime minister does not bode well for our parliamentary democracy...

“Former prime minister Najib Abdul Razak used the same power to appoint his allies into key positions in his attempt to escape the scrutiny of the 1MDB scandal and cling on to power,” the Bersih steering committee said in a statement today.

Mahathir admitted yesterday that he did not consult his cabinet about the appointment so that he could be "free" to make the call himself.

Bersih called for a stop to such a practice and advocated institutionalising safeguards, such as an appointment process to allow bodies like the MACC to function independently from the Executive.

'Highly principle and courageous'

Bersih notably did not dispute the choice of Latheafa as MACC chief. 

The election watchdog instead lauded her appointment saying "Over the years Latheefa has proven herself to be a highly principled, courageous and straight-talking human rights defender and lawyer."

"Such qualities are needed to helm the MACC and deal with the scourge of corruption in this country."

Strong, independent institutions needed

“Bersih calls on the Pakatan Harapan government to codify into law the independence of these institutions without delay, preferably at the next sitting of the Dewan Rakyat in July.

“Unless the appointment process is institutionalised, there is a risk that all the good appointments, so far, could be undone in a day if the next prime minister so wishes.

“As a country, we can’t hope for and depend on the good intentions and graces of the prime minister but we need strong and independent institutions and processes to hold the prime minister and all public officials accountable,” it said.

This appointment process would begin with a nomination committee that would seek suggestions from all stakeholders, including the public, and shortlist candidates.

Next, Bersih said, the shortlist ought to be presented before a Parliamentary Select Committee (PSC) for it to recommend its chosen candidate to the prime minister or the Yang di-Pertuan Agong.

This, it said, would lend more “legitimacy” to the appointees.

The PSC for Public Appointments previously told Malaysiakini that it had been in the dark about Latheefa’s appointment until it was announced in the news.