MAY 11 — I did not appoint Azam Baki, said former Prime Minister Tan Sri Muhyiddin Yassin.

Muhyiddin asserted that he did not specifically choose or appoint Tan Sri Azam Baki as the chief commissioner of the Malaysian Anti-Corruption Commission (MACC) in March 2020 during his tenure as prime minister.

Almost two years into Azam’s appointment, the former prime minister clarified that Azam was a recommendation from the Chief Secretary to the Government.

The chief secretary then was Tan Sri Mohd Zuki Ali, who still is the office holder.

"It is not me who appointed him but was certified by the committee led by the then chief secretary to the government who had proposed his name,” Muhyiddin reportedly said.

Muhyiddin’s belated clarification came about after Pengerang MP Datuk Seri Azalina Othman Said — currently Minister in the Prime Minister’s Department (Law and Institutional Reform) — questioned whether he had done necessary background checks before appointing Azam as MACC chief commissioner in March 2020.

On Wednesday, Zuki announced that Azam has been reappointed as the MACC chief commissioner for a period of one year, with effect from May 12.

If the prime minister did not appoint Azam, can it be said that the prime minister does not reappoint him?

The MACC is established under Section 4 of the MACC Act 2009 (Act 694). Its chief commissioner is appointed under Section 5 of the Act, which provides as follows:

(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a Chief Commissioner of the Malaysian Anti-Corruption Commission for such period and on such terms and conditions as may be specified in the instrument of appointment.

(2) Where the Chief Commissioner is appointed from among members of the public services, the period of appointment of the Chief Commissioner shall not extend beyond the date of his compulsory retirement from the public service, but where he so attains the age of compulsory retirement he may be reappointed as Chief Commissioner by the Yang di-Pertuan Agong, on the advice of the Prime Minister, on contract for such period and on such terms and conditions as may be specified in the instrument of appointment.

On May 12, Azam will turn 60 — the age of compulsory retirement for a member of the public services. Rightly therefore, as announced by Zuki, Azam’s reappointment is under Section 5(2) above — a reappointment by the Yang di-Pertuan Agong, on the advice of the prime minister.

Similarly, his appointment under Section 5(1).

Accordingly, no prime minister can assert he does not specifically choose a chief commissioner of the MACC.

Prime Minister Datuk Seri Anwar Ibrahim, however, had reportedly said he did not mind leaving it to the relevant parliamentary committee to decide if a new MACC chief should be appointed or Azam’s contract be extended.

Granted, a parliamentary committee has no force of law. But reference to such a committee to ensure transparency of key government positions is an important step to serve as a check and balance on the executive branch, in line with the reform agenda of the unity government.

If Muhyiddin took recommendation from the chief secretary, did Anwar take recommendation from a parliamentary committee before advising the YDPA to reappoint Azam?

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.