No. 5 in the report did not have much substantive discussion or a reason behind it in the report. They also did not speculate if the non-executive chairman was a previous oversight and they were recommending correction. Love to be the fly on the wall to see who raised it and the discussion behind it. Though in the report somewhere it does mention that they are not keen to confine it to technocrats ( not in relation to this change) but this is what is going to be achieved. Also interesting is that both Auditor and Acct Generals are out which would have made the first EP candidate that stood against OTC not eligible. I however agree on this seeing that new Auditor-General is not even an accountant or an auditor by training and rather shallow in terms of depth.
Its funny that the Commission feels that the President needs to have a mandate in view of the powers given but you could see that they avoided discussing or eve mentioning the the original and primary role of checks and balances of an EP. Instead the discussion was on "pragmatism", reduce possible conflicts and by-pass mechanism to reduce impasse. I could understand a by-pass for supply bill which was in first EP bill but certainly not for others.
I do agree that an EP is not longer viable and people would accept the role that Wee had where it was nominated, the main races were covered and it was generally ceremonial and served the function of uniting the people (which the report belabours quite extensively). As to the reserves and certain protective functions, these can be handled by the CPA and their views published in the Gazette.
The whole EP institution would have egg on its face if the minority candidate persuaded by the establishment ends up with a walk-over if others with intention do not qualify or get rejected. Even if there is a reserved Malay EP elections which would be the case for the next election and there is actually a contest, a number of scenarios is likely to emerge;
1) If the Malays themselves reject the establishment choice it is very likely the Chinese majority would go for the establishment choice guided by the usual state controlled press and not privy to the communal concerns of the Malays. It then defeats the whole purpose of minority representation. A more transparent approach would be to allow only Malay voters to decide.
2) What is a "Malay" would be the next big issue. When Mahathir made an issue of Malays not holding senior positions in SAF, the Govt presented couple of Malay SAF senior officers and none of whom were pure Malays. The highest rank held by a "Malay" was BG and he was not a Malay, just a Muslim but a damn good Officer. And he had a Chinese wife.
Number 5 will be the one most talked about. This is how accurately they have fine-tuned it. Every non-establishment anointed person who has a chance of winning an election is disqualified, except for that one person who is unelectable. I don't know whether they achieved this by pure luck or by pure genius but given the obvious lack of brain cells I am of course leaning to the former.
Number 6 is to me the most important. It shows complete insincerity in sharing any power - even limited custodial power (Executive power has been, and always will be, OUT of the question) - with the President. Yes, truly a lame duck. Why even bother to have an EP? Why all the charade and the expensive election process just to maintain a facade of an autonomous President?