Najib’s DNAA: Speed up key reforms to stem loss of confidence

To stem any erosion of public confidence in the system of administration of justice, the government has to expedite the separation of the roles of the public prosecutor and attorney general

Convict Najib - THE STAR

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Aliran is dismayed at the recent development in the SRC International Sdn Bhd money-laundering case, where Najib Razak was given a discharge not amounting to an acquittal (DNAA).

As pointed out by Justice K Muniandy, the Attorney General’s Chambers has taken too long to prosecute this case with numerous postponements over six years.

This does not reflect well on the professionalism and competence of the Attorney General’s Chambers in recent years. The reason provided – that the documents involved were being used in another SRC trial – left many speechless. This should have been thought through before charges were filed.

Look at the public reaction and the widespread incredulity. There is growing public unease over the long list of failed prosecutions with many prominent politicians granted DNAAs.

What message does this convey to the public about the war on corruption?

Because the attorney general is appointed based on the advice of the PM, the current and recent PMs cannot escape ultimate responsibility for the performance of the attorney generals under their watch.

To stem any erosion of public confidence in the system of administration of justice, the government has to expedite the separation of the roles of the public prosecutor and attorney general. It is taking too long.

We also ask for a bipartisan parliamentary select committee to vet key appointments such as the public prosecutor and the attorney general.

The Judicial Appointments Commission Act 2009 should also be amended to reduce the PM’s involvement or influence in the appointment of top judges. This is especially crucial given the number of top judges who are retiring soon and who will have to be replaced before long. Who decides who is to be given extensions and who will not?

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We call for the composition of the commission to be made more diverse and inclusive.

With Anwar’s government having a two-thirds’ majority in Parliament, there is no reason to delay amendments to the JAC Act. Nor should other moves to strengthen the independence and integrity of the judiciary be held back, such as reviewing Article 122B regarding the appointment of the chief justice and other top judges.

After all, the opposition Perikatan Nasional’s chief whip, Takiyuddin Hassan, has also called for the JAC to be given full autonomy to function without political pressure.

PN also appears supportive of moves to strengthen the independence of the judiciary. It has recommended that Article 121 of the Federal Constitution be amended to vest judicial power back in the courts. This would return the judiciary to its rightful place before 1988 as one of the three equal branches of government and uphold the separation of powers.

So, with such bipartisan support, there is no reason not to move quickly to carry out these key reforms. The responsibility for the slow pace of these key reforms falls on the PM, as head of the government. Public patience with the administration is wearing thin. The people want a clean government, accountability and transparency.

In the meantime, Aliran urges the Attorney General’s Chambers to refile charges against high-profile politicians who were granted DNAAs on technical grounds.

Aliran executive committee
22 June 2025

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.
AGENDA RAKYAT - Lima perkara utama
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  5. Lawan rasuah dan kronisme
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