Auditor General's appointment adheres to law, says 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.
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