Latest news with #FederalConstitutionandAuditAct1957
New Straits Times
4 days ago
- Politics
- New Straits Times
Auditor General's appointment adheres to law, says A-GC
KUALA LUMPUR: There's no requirement for Datuk Seri Wan Suraya Wan Mohd Radzi to retire, as her appointment as Auditor General (AG) was made in accordance with the law, says the Attorney-General's Chambers (A-GC). In a statement, the A-GC said that based on Article 105 of the Federal Constitution and subparagraph 1(1) of the First Schedule to the Audit Act 1957, the AG may be appointed from among members of the public service. "Referring to Clause (2) of Article 105 of the Federal Constitution, when Wan Suraya was appointed as Auditor-General effective June 13, 2023, she no longer held any other positions in the Federal service and therefore ceased to be a member of the Administrative and Diplomatic Service scheme," it said. "However, although she is no longer part of the Administrative and Diplomatic Service, she remains a member of the general public service under Section 3 of the Audit Act 1957. "Given that her appointment as AG complies with legal provisions, there is no need for her to be retired in the interest of the nation," it added. Earlier this week in the Dewan Rakyat, Bersatu Chief Whip Datuk Seri Ronald Kiandee said the AG, appointed under the Federal Constitution, must be an independent individual with no ties to the executive branch and should not be part of the country's administrative structure. He claimed that Wan Suraya was still a member of the Administrative and Diplomatic Service scheme and urged the government to clarify whether the appointment fulfilled the requirement of separation from the executive. Meanwhile, opposition lawmaker Datuk Seri Takiyuddin Hassan also questioned the legitimacy of Wan Suraya's appointment and whether it complied with the Constitution. Following that, Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran said her appointment is legitimate and in line with the Federal Constitution and Audit Act 1957. During the ministry's winding-up session on the AG Report 2/2025, Kulasegaran said there was no issue regarding Wan Suraya's appointment and that legal provisions governing the appointment process were clear. Earlier today, unity government spokesman Datuk Fahmi Fadzil said the appointment of Wan Suraya is constitutional. He said this was confirmed by the Chief Secretary to the Government, Tan Sri Shamsul Azri Abu Bakar, during today's Cabinet meeting.
New Straits Times
6 days ago
- Politics
- New Straits Times
Wan Suraya's AG appointment complies with law, says Kulasegaran
KUALA LUMPUR: The appointment of Datuk Wan Suraya Wan Mohd Radzi as Auditor General (AG) is legitimate and in line with the Federal Constitution and Audit Act 1957, said Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran. During the ministry's winding-up session on the AG Report 2/2025, Kulasegaran said there was no arising issue regarding Wan Suraya's appointment and that legal provisions governing the appointment process were clear. "Article 105 of the Constitution provides that the AG shall be appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister, after consultation with the Conference of Rulers. "Meanwhile, Section 4 of the First Schedule of the Audit Act allows the AG to be appointed from among members of the public services itself," he said. He also said the act provides that if the AG is appointed from among the public services, the position is pensionable and the remuneration is set at RM27,758 per month, with allowances and privileges under the Second Schedule. However, if the appointee is not from the public services, the remuneration remains the same but would not be pensionable. Both scenarios, he said, are legally accounted for under Article 105(5) of the Constitution. Earlier today, opposition lawmaker Datuk Seri Takiyuddin Hassan questioned the legitimacy of Wan Suraya's appointment as AG and whether it complies with the Constitution. 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.
