KUALA LUMPUR – The appointment of the Malaysian Anti-Corruption Commission (MACC) chief commissioner is effectively an executive decision, raising renewed questions over the agency’s independence and its ability to act without political influence, experts have said.
International Islamic University of Malaysia (IIUM) political analyst Professor Syaza Shukri told Scoop the current system places real decision-making power in the hands of the Prime Minister Datuk Seri Anwar Ibrahim, with the Yang di-Pertuan Agong Sultan Ibrahim acting on executive advice.
She said while the arrangement is constitutionally valid, it continues to fuel public doubt over MACC’s independence, particularly in investigations involving government figures.
“It is difficult for MACC to investigate the government when its leadership is appointed by the Prime Minister,” she said.
Bringing parliament into the appointment process would help ensure the agency is not ultimately accountable to a single individual, she added.
Syaza cautioned that direct royal appointments could also raise complications, noting that the King cannot be replaced should issues arise, and warned that expanding royal involvement risks blurring constitutional boundaries.
Malaysia remains a constitutional monarchy, she noted, where executive authority lies with elected leadership, while parliamentary involvement in appointments would be a practical reform step to strengthen institutional credibility.
Universiti Malaya political analyst Datuk Awang Azman Pawi said that Malaysia’s appointment framework follows the Westminster system, where the head of state acts on the advice of the government.
He said the key issue is not legality, but whether the process is transparent, credible, and trusted by the public.
“The system is legally sound, but perception and political trust remain weak points,” he said, adding that institutional independence depends on safeguards such as tenure security, oversight mechanisms, and structured accountability.
Awang Azman said reforms such as bipartisan panels, independent committees, and parliamentary hearings could strengthen legitimacy without requiring major constitutional amendments.
He added that the ongoing debate reflects democratic maturity, rather than institutional failure, and said Malaysia should move towards a more robust governance model with stronger checks and balances.
Meanwhile, assistant professor Lau Zhe Wei of IIUM said that the constitution generally requires the King to act on advice, except in limited areas of discretionary power, such as the appointment of the Prime Minister and declarations of emergency.
He said in practice, the King has very limited authority to reject executive decisions, and disputes over appointments could potentially escalate into constitutional tension involving legal and political dimensions.
However, he stressed that the central issue is public confidence rather than legality, noting that perceptions of bias can undermine institutions regardless of actual performance.
“If the perception is that MACC leadership is not neutral, then public confidence is weakened,” he said, adding that the agency risks being seen as a “toothless tiger” if executive influence continues to shape appointments.
Lau said while royal intervention in specific circumstances may be viewed as pragmatic, long-term reform is still necessary to strengthen transparency and independence.
He proposed a system similar to the United States, where senior appointments undergo public hearings and legislative scrutiny, allowing for greater accountability and examination of candidates.
He added that future reforms should ensure key positions are not controlled by a single individual or small group, but instead subjected to structured, shared decision-making processes.
The discussion comes as the Yang di-Pertuan Agong, is expected to appoint the next MACC Chief Commissioner to lead the anti-graft body.
In a statement on Facebook, His Majesty stressed that the position is “extremely important” in ensuring MACC continues to function effectively as the nation’s main institution in combating corruption, misappropriation, and abuse of power, adding that he would determine the best candidate to lead the commission moving forward.
He also reminded that the matter should not be politicised.
Earlier, Anwar reportedly assured that MACC Chief Commissioner Tan Sri Azam Baki’s contract would not be renewed. This was disclosed by Wangsa Maju MP Zahir Hassan, who said he was personally informed during a one-on-one meeting with the Prime Minister.
Zahir said he had asked Anwar about Azam’s position and was told that the contract would not be extended, although the final outcome remains uncertain.
Azam’s contract is set to expire on May 12, 2026. He has recently come under public scrutiny over a shareholding controversy, further intensifying debate surrounding the leadership transition.
Earlier today, the government announced former High Court judge Datuk Seri Abdul Halim Aman as the new MACC chief effective May 13. – April 25, 2026