Takiyuddin questions constitutionality of auditor general's appointment
The Kota Bharu member of parliament argued in the Dewan Rakyat today that Article 105(4) of the Constitution implies that the AG must not be a serving member of the civil service, stressing the importance of independence in the role.
He claimed that Wan Suraya was a serving civil servant and last held a position at the Malaysian Institute of Integrity.
Takiyuddin cited a legal opinion from the Attorney-General's Chambers, which states that the AG should not be appointed from among active civil servants and that such appointments must be made on a contractual basis in accordance with Article 105(4).
"The government must provide an explanation to this house on whether the appointment of the AG from among serving civil servants is constitutional as it clearly presents a conflict of interest," he said during the debate session on the Auditor General's Report 2/2025.
He said any conflict of interest in the appointment process could undermine the integrity and legality of the AG's role and reports.
"If the appointment is unconstitutional, then any reports or audits conducted under her authority are also invalid, even if they have been tabled in Parliament."
In 2023, Wan Suraya was appointed AG In 2023, Wan Suraya was appointed AG in line with Article 105 (1) of the Constitution.
The appointment was made with the consent of then Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah after consultation with the Conference of Rulers. ()
Wan Suraya was Malaysian Institute of Integrity chief executive officer from March 2022 to June 2023.
She was also secretary-general of the National Unity Ministry and Entrepreneur and Cooperatives Development Ministry and held positions in the Investment, Trade and Industry Ministry, including as deputy secretary-general.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
an hour ago
- The Star
Wan Suraya's appointment as Auditor-General is constitutionally valid, says Fahmi
PUTRAJAYA: The appointment of Datuk Seri Wan Suraya Wan Mohd Radzi as Auditor-General is lawful and does not contravene the Federal Constitution, said Communications Minister Datuk Fahmi Fadzil. Fahmi, who is also the Madani Government spokesperson, said that the matter was confirmed by Chief Secretary to the Government (KSN) Tan Sri Shamsul Azri Abu Bakar during today's Cabinet meeting chaired by Prime Minister Datuk Seri Anwar Ibrahim. "From a constitutional perspective, there is no issue. The appointment aligns with what is clearly stated in the Federal Constitution,' he told reporters during a post-Cabinet press conference on Friday (July 25). Fahmi said the Chief Secretary also clarified that Wan Suraya had ceased to be a civil servant at the time she agreed to take on the role of Auditor-General, effectively addressing concerns that her appointment may have breached constitutional provisions. "This means there is no issue of her being an active civil servant at the time of her appointment,' he said, noting that the Public Service Department (PSD) is expected to issue an official statement soon to provide further clarification. The clarification comes amid recent claims from several quarters alleging that Wan Suraya's appointment as Auditor-General was unconstitutional. Critics argued that the role should be held by someone who has already retired or formally resigned from the civil service, to preserve the independence of the office from the executive branch. Wan Suraya, who previously served as the Malaysian Institute of Integrity (IIM) chief executive officer, was appointed Auditor-General effective June 13, 2023. Her distinguished career includes prior roles as secretary-general at both the National Unity Ministry and Entrepreneur Development Ministry, as well as serving as deputy secretary-general (Strategy and Monitoring) at the International Trade and Industry Ministry. - Bernama
Barnama
2 hours ago
- Barnama
Wan Suraya's Appointment As Auditor General Is Constitutionally Valid
PUTRAJAYA, July 25 (Bernama) -- The appointment of Datuk Seri Wan Suraya Wan Mohd Radzi as Auditor General is lawful and does not contravene the Federal Constitution, said Communications Minister Datuk Fahmi Fadzil. Fahmi, who is also the MADANI Government spokesperson, said that the matter was confirmed by Chief Secretary to the Government (KSN) Tan Sri Shamsul Azri Abu Bakar during today's Cabinet meeting chaired by Prime Minister Datuk Seri Anwar Ibrahim. 'From a constitutional perspective, there is no issue. The appointment aligns with what is clearly stated in the Federal Constitution,' he told reporters during a post-Cabinet press conference today. Fahmi said the KSN also clarified that Wan Suraya had ceased to be a civil servant at the time she agreed to take on the role of Auditor General, effectively addressing concerns that her appointment may have breached constitutional provisions. 'This means there is no issue of her being an active civil servant at the time of her appointment,' he said, noting that the Public Service Department (PSD) is expected to issue an official statement soon to provide further clarification. The clarification comes amid recent claims from several quarters alleging that Wan Suraya's appointment as Auditor General was unconstitutional. Critics argued that the role should be held by someone who has already retired or formally resigned from the civil service, to preserve the independence of the office from the executive branch. Wan Suraya, who previously served as the Malaysian Institute of Integrity (IIM) chief executive officer, was appointed Auditor General effective June 13, 2023. Her distinguished career includes prior roles as secretary-general at both the Ministry of National Unity and the Ministry of Entrepreneur Development, as well as serving as deputy secretary-general (Strategy and Monitoring) at the Ministry of International Trade and Industry.
Malay Mail
2 hours ago
- Malay Mail
Fahmi: Wan Suraya resigned from civil service before appointment as Auditor-General, decision in line with Constitution
PUTRAJAYA, July 25 — The appointment of Datuk Seri Wan Suraya Wan Mohd Radzi as Auditor-General (A-G) was in accordance to the Federal Constitution, Communications Minister Datuk Fahmi Fadzil said today. This matter was explained and confirmed by Chief Secretary to the Government Tan Sri Shamsul Azri Abu Bakar during today's Cabinet meeting, Fahmi said. 'She had also relieved her civil servant position before the time of her appointment as the Auditor-General,' Fahmi told reporters here, referring to Wan Suraya's previous post as an administrative and diplomatic officer. 'So the Chief Secretary said there is no issue on that.' Yesterday, deputy minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran, when winding up debate for the ministry, had clarified that the A-G may be appointed from among public service officers. He explained that Clause 1 of Article 105 of the Federal Constitution provides that the A-G shall be appointed by the King on the advice of the prime minister after consultation with the Conference of Rulers. Referring to Article 105 read together with subparagraphs 1(1) of the First Schedule to the Audit Act 1958, the A-G may be appointed from among members of the public service and such appointment is valid. Kulasegaran was responding to Perikatan Nasional's Kota Bharu MP Datuk Seri Takiyuddin Hassan, who had questioned the appointment of Wan Suraya as the A-G while still in the civil service. Takiyuddin had in Parliament claimed that the appointment of Wan Suraya breached the Federal Constitution and could create a conflict of interest.
