KUALA LUMPUR – The Malaysian Bar has welcomed the proposal to remove the prime minister’s power to appoint members of the Judicial Appointments Commission (JAC).
Bar president Karen Cheah said the idea by the Yang di-Pertuan Besar of Negri Sembilan Tuanku Muhriz Tuanku Munawir would ensure that the JAC’s composition does not carry the interest of any party.
Tuanku Muhriz had yesterday made the proposal in his opening speech at the 260th meeting of the Conference of Rulers. Of the JAC’s nine members, he called for the five who are currently appointed by the prime minister to be selected by institutions such as the Malaysian Bar, the Sabah Law Society, the Advocates’ Association of Sarawak, and the parliamentary select committee.
Cheah said the Malaysian Bar had previously called for a review of the JAC Act 2009.
“The Bar has always had concerns relating to the process of the appointment of judges, which should always be free from the influence of the executive, because the underlying purpose behind the establishment of a JAC is to maintain the separation between the legislative, judiciary, and executive to ensure transparency at all levels,” she said in a statement today.
“Over and above these criteria, the Malaysian Bar has continuously advocated that the overall composition of the JAC should reflect diversity and inclusivity, and as far as possible, mirror the demography of the general population in every aspect.
“This means an inclusion of the wide spectrum of Malaysia’s rich multicultural and multi-religious population, and a reflection of a good balance of the genders and professional practice areas.
“If the composition of the JAC is reflective of our Malaysian society, it would enhance public confidence and acceptance of the decisions made by the judiciary because these judges would essentially be representing and making decisions affecting the lives of all Malaysians,” Cheah said.
Currently, apart from the five JAC members appointed by the prime minister, the remaining four are the country’s most senior judges.
Retaining the prime minister’s power to appoint the five JAC members “leaves open the possibility that former members of the executive and public service, members of Parliament and other politicians may sit on the JAC”, Cheah added.
In reality, while the process of appointing judges requires consultation, she also said that the views or objections of the Bar on the suitability of JAC candidates “has never been translated into actuality”.
“The views sought therefore appear to be no more than an exercise of dressing rather than that of substance. As such, the current call for JAC reforms is timely indeed.”
Cheah said following Tuanku Muhriz’s proposal, the Bar was reiterating its calls for amendments to the JAC Act and Article 122B of the federal constitution to establish an independent judiciary.
It also supports the formation of a parliamentary select committee on key matters concerning judicial independence.
The role of JAC members is to select suitably qualified people who merit appointment as judges of the superior court for the prime minister’s consideration, to formulate and implement the selection and appointment mechanisms, and to make other recommendations about the judiciary.
Meanwhile, retired Court of Appeal judge Datuk Seri Mohd Hishamudin Md Yunus was reported saying that JAC members should be chosen by an independent selection committee.
His other suggestions to Free Malaysia Today are that the JAC membership be expanded from nine to 15 members, or even more, so that diverse interests in society are represented.
The JAC should also include lay members, and its chairman preferably be a layman, he said. – The Vibes, December 1, 2022
