PM’s Application To Apex Court Don’t Seek Personal Immunity – AGC
The AGC described the referral as a matter of “constitutional governance”, not personal privilege.
KUALA LUMPUR, May 31 – The Attorney-General’s Chambers (AGC) has clarified that Prime Minister Datuk Seri Anwar Ibrahim’s move to refer eight questions of law to the Federal Court for determination is not aimed at granting him personal immunity.
In a statement today, the AGC described the referral as a matter of “constitutional governance”, not personal privilege.
“Based on the AGC’s preliminary observation, the questions referred are not intended to create absolute immunity for any individual,” it said.
“Instead, they raise novel constitutional issues that have yet to be adjudicated, specifically those relating to the intersection of civil litigation and a sitting prime minister’s ability to effectively carry out executive functions.”
The statement comes amid growing public interest after it was reported that Anwar wants the apex court to rule whether Articles 39, 40 and 43 of the Federal Constitution grant him qualified immunity from a suit filed by Yusoff Rawther four years ago.
Other questions include whether civil suits involving conduct prior to assuming office can continue if they impair a prime minister’s ability to govern, and whether the Constitution implies a judicial threshold in such situations.
The court has fixed June 3 for all parties to make oral applications on the application.
The AGC also said such references allow the courts, especially the Federal Court, to provide definitive rulings on such complex legal matters.
“The AGC respects the integrity of this constitutional mechanism and will assess any intervention requests based on legal merit and public interest, not politically charged sentiments,” it said in the same statement.
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