KUALA LUMPUR – Not only should the prime minister’s powers to appoint members of the Judicial Appointments Commission (JAC) be removed, but also powers to advise the king on appointing Federal Court, Court of Appeal and high court judges, a legal rights advocacy group said.
Lawyers for Liberty (LFL) said Article 122B of the federal constitution must be amended to entirely remove the prime minister’s role in such appointments, whereby the prime minister advises the Yang di-Pertuan Agong.
“Just taking away the PM’s power to appoint members of the JAC will not ensure judicial independence and real separation of powers.
“Under Article 122B of the constitution, the PM still retains the ultimate power to advise the king on whom to appoint to the Federal Court, Court of Appeal and high courts.
“In short, the PM need not accept the recommendations of the JAC. This great influence of the executive over the judiciary must be entirely removed to ensure judicial independence and integrity,” LFL director Zaid Malek said in a statement.
The article states that judges of the Federal Court, Court of Appeal and high court are appointed by the Yang di-Pertuan Agong on the advice of the prime minister.
LFL urged the coalition government under new prime minister Datuk Seri Anwar Ibrahim to amend Article 122B, as it had the two-thirds majority in Parliament required to amend the federal constitution.
The JAC should advise the king directly, LFL added.
“New PM Anwar and Pakatan Harapan have long promised to uphold democracy and rule of law, and to institute wide-ranging reform if they capture federal power. Now is the time to walk the talk.”
As to removing the prime minister’s powers to appoint five out of the nine JAC members, LFL said the government must amend the JAC Act 2009 as well.
“There can be no reason for a ‘reformist’ prime minister to delay these crucial measures,” LFL said.
The proposal to remove the prime minister’s powers to appoint five JAC members came from the Yang di-Pertuan Besar of Negri Sembilan Tuanku Muhriz Tuanku Munawir in his speech at the 260th meeting of the Conference of Rulers yesterday.
The Malaysian Bar earlier today also supported Tuanku Muhriz’s proposal and called for amendments to the JAC Act and Article 122B of the federal constitution to establish an independent judiciary. – The Vibes, December 1, 2022
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