Malaysia

M’sian Bar lauds Malay ruler’s proposal to remove PM’s power to appoint JAC members

Lawyers’ body calls for amendments to JAC Act, constitution to support suggestion

Updated 3 years ago · Published on 01 Dec 2022 11:05AM

M’sian Bar lauds Malay ruler’s proposal to remove PM’s power to appoint JAC members
The Malaysian Bar has continuously advocated that the overall composition of the Judicial Appointments Commission should reflect diversity and inclusivity. – Wikipedia pic, December 1, 2022

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

Related News

Malaysia / 5mth

AG's objection to Malaysian Bar's appeal dismissed over Zahid's case

Malaysia / 6mth

Prosecution does not object to Ahmad Zahid's release application

Opinion / 2y

Has mercy robbed justice from the nation? – Malaysian Bar

Malaysia / 2y

Bar pans proposal to amend constitution to allow only Malay Muslims to be PM

Malaysia / 2y

Gaza violence a ‘poignant reminder’ for M’sia to accede to Rome Statute: Bar

Malaysia / 3y

Passing no-confidence vote against AG within Bar’s prerogative: Azalina

Spotlight

Malaysia

Wanita UMNO: Najib’s contributions must not be erased, says Noraini

Malaysia

Guan Eng hands recommendations to PM to boost unity, integrity between West, East Malaysia.

By Ian McIntyre

World

Five dead, 87 missing after ferry fire off Palawan

Malaysia

Anwar surprised by Najib's new pardon attempt

Malaysia

Lawyer denies Abdul Azeez chose to appear in lock-up uniform, handcuffs

Malaysia

Flying Doctor Service to continue despite fatal Sarawak crash

Opinion

“I’m not a war criminal, I’m a patriot”: Shavendra Silva’s amnesia tour meets the receipts

By Abbi Kanthasamy

Malaysia

British management on trial – does a royal management institute deliver value?

Malaysia

Nearly 10,000 potential fire hotspots detected on RSPO-managed land

You may be interested

Malaysia

Abdul Azeez claims trial over RM193.5m Tabung Haji investment

Malaysia

Sarawak FDS fatal helicopter crash had airworthiness certificate until 2027 - CAAM

Malaysia

Ministry committed to ensuring safe use of AI - Gobind

By Ian McIntyre

Malaysia

Property market holds firm with RM105.1b transactions in 1H2026

Malaysia

Man held after social media claim he solicited alms while carrying parang

Malaysia

Undang Yang Empat produces letter allegedly confirming Tuanku Muhriz’s removal

Malaysia

Wanita UMNO: Najib’s contributions must not be erased, says Noraini

Malaysia

Abdul Azeez, two former TH executives remanded 2 days over alleged hibah fraud