KUALA LUMPUR: The legality of reappointing former finance minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz as a senator does not arise, constitutional experts said.
International Islamic University Malaysia constitutional expert Professor Nik Ahmad Kamal Nik Mahmood said that a senator can serve for two terms as per the Federal Constitution.
Since Tengku Zafrul has only served one term so far, he said that he has another term to serve as a senator.
"Though the previous term is considered an incomplete term, it is still considered as one term. Now since he was reappointed as a senator, he has another term to serve.
"Hence the question whether this is allowed or otherwise does not arise.
"I am pretty sure the government would have consulted with the attorney-general before coming up with the decision," he told the New Straits Times today.
Another constitutional expert, Professor Datuk Dr Shad Saleem Faruqi also echoed the same in response to the question of legality.
However, he questioned the need to reappoint him as a senator now since he has a few more months to complete his first term.
He said Tengku Zafrul was sworn in as a senator on March 10, 2020, which means his term will only expire in March next year.
With the start of a new term after the swearing-in today, he said that Tengku Zafrul can only serve for another two years.
"The problem will arise if the current parliament last for five years until 2027, because in the year 2025, we will need a new minister.
"(But) he is perfectly eligible to hold the position till 2025," he said.
Despite losing the race for the Kuala Selangor parliamentary seat in 15th General Election (GE15), Tengku Zafrul is making a comeback to the cabinet.
As per the announcement by Prime Minister Datuk Seri Anwar Ibrahim, Tengku Zafrul will now serve as international trade and industry minister.