Does the Council of Eminent Persons exceed its mandate?

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The Council of Eminent Persons May Be Exceeding Its Mandate

Rembau MP Khairy Jamaluddin has stated that the government must ensure the Council of Eminent Persons (CEP) does not exceed its purview, suggesting its dissolution if it does. Khairy raised concerns that the unofficial advisory body, tasked with advising the Prime Minister primarily on economic matters, has appeared to overstep its designated role. This perspective highlights a debate regarding the council's scope of influence and accountability.
Concerns Over Unofficial Council's Authority

Khairy Jamaluddin articulated that the Council of Eminent Persons was established as an unofficial body to advise the Prime Minister, but he believes it has expanded beyond its intended remit. He pointed to instances where the council seemed to be making decisions or issuing directives rather than merely providing counsel. Specifically, Khairy questioned the necessity of the CEP chief Tun Daim Zainuddin's visit to China prior to the Prime Minister's official trip, implying this action fell outside the council's advisory function and raised questions about who is responsible for such diplomatic engagements.
Doubts on Decision-Making Processes

Further underscoring his concerns, Khairy cited the council's alleged directives for former chief justice Tun Md Raus Sharif and former Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin to resign. He noted that these positions are constitutionally protected, and such orders from an advisory body could create confusion regarding the established appointment and removal processes governed by the Federal Constitution and the Judicial Appointments Commission Act 2009. Khairy also raised the appointment of former Bank Negara Malaysia governor Tan Sri Zeti Akhtar to prominent government-linked companies as a potential conflict of interest, given the CEP's mandate on economic advice.
Government's Defence and Clarifications

In response, Minister in the Prime Minister's Department Datuk Liew Vui Keong defended the CEP's formation, stating that Daim's visit to China was at the directive of Prime Minister Tun Dr Mahathir Mohamad and intended to gather feedback on bilateral matters. Liew clarified that the CEP is an advisory body with no executive powers, and its reports are not binding, with accountability resting with the Cabinet ministers. He also mentioned that the council has been in existence for 100 days and is slated for dissolution thereafter, having engaged with a significant number of individuals and organisations to gather recommendations.

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Does the Council of Eminent Persons exceed its mandate?

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