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Mechanisms to probe judges exist under constitution, says Azalina

Mechanisms to probe judges exist under constitution, says Azalina

Daily Express11 hours ago
Published on: Tuesday, July 15, 2025
Published on: Tue, Jul 15, 2025
By: FMT Reporters Text Size: Law and institutional reform minister Azalina Othman Said said judicial independence is vital to maintaining public confidence in the justice system. (Facebook pic) PETALING JAYA: The government today reminded all parties that the Federal Constitution outlines clear mechanisms for dealing with judicial misconduct amid concerns over judicial interference and integrity. Law and institutional reform minister Azalina Othman Said said Articles 125(3) and (4) empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct against judges, on the advice of the prime minister after consultation with the chief justice.
Advertisement She said additional safeguards are provided under Article 125(3A), which allows the chief justice to refer breaches of ethics to the Judicial Ethics Committee, and Article 125(3B), which supports a written code of conduct, currently the Judges' Code of Ethics 2009. 'This framework ensures that the judiciary remains free from political or external influence, thereby upholding the supremacy of the constitution and the rule of law,' Azalina said in a statement today. 'The executive and legislature have no power to interfere in issues of judicial ethics. This is essential to maintain public trust in the justice system.' Azalina said the government acknowledged the concerns raised by the Malaysian Bar during yesterday's judicial independence march and pledged to address them transparently and in accordance with the law. She said the Bar would be invited to contribute to an ongoing comparative study on judicial appointments, led by the Legal Affairs Division of the Prime Minister's Department, together with select committees from the Dewan Rakyat and Dewan Negara. 'Furthermore, the concerns raised by the Malaysian Bar must be examined in accordance with the Federal Constitution, the Judicial Appointments Commission (JAC) Act 2009, and all other applicable laws,' she said. A document allegedly containing excerpts from a JAC meeting held in May went viral on social media last weekend, raising concerns from various parties. The extract of the purported minutes said that the former chief justice had raised concerns about the integrity of a candidate for an administrative post in the judiciary. Claims were made that the judge in question had once attempted to influence the outcome of a case in favour of a specific party, and had sought the transfer of a fellow judge for holding a differing view. Police are investigating the alleged leak of the JAC meeting minutes under the Official Secrets Act and two other laws. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
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  • The Star

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Govt to review JAC Act for clarity on judicial appointments
Govt to review JAC Act for clarity on judicial appointments

The Sun

time5 hours ago

  • The Sun

Govt to review JAC Act for clarity on judicial appointments

PUTRAJAYA: The government will reassess the Judicial Appointments Commission (JAC) Act 2009 following public uncertainty surrounding the recent Chief Justice appointment. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said confirmed a special committee will be formed to examine the law. The committee will include members of the Dewan Rakyat and Dewan Negara, alongside constitutional experts, legal practitioners, and academics. Azalina highlighted the need for improvements, noting that while the JAC has overseen the appointment of five Chief Justices since 2009 without issue, recent confusion has prompted a review. 'We have to improve because what is happening now is that there is a lot of confusion. (There's) no clarity from the public perspective. But then this particular JAC, which was passed and established in 2009, is responsible for the appointment of five Chief Justices. It has never been an issue,' she told reporters after attending the International Conference on Integrity and Governance. Azalina clarified that the JAC's role is advisory, not binding. The commission screens, assesses, and recommends candidates to the Prime Minister, but final appointments must align with Article 122B of the Federal Constitution. – Bernama

Gov't To Review JAC Act For Improvements
Gov't To Review JAC Act For Improvements

Barnama

time5 hours ago

  • Barnama

Gov't To Review JAC Act For Improvements

PUTRAJAYA, July 15 (Bernama) -- The government will review the Judicial Appointments Commission (JAC) Act 2009 amid public confusion over the recent Chief Justice appointment process. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said a special committee will be established, comprising members of the Dewan Rakyat and Dewan Negara, as well as constitutional experts, legal practitioners and academics. "We have to improve because what is happening now is that there is a lot of confusion. (There's) no clarity from the public perspective. But then this particular JAC, which was passed and established in 2009, is responsible for the appointment of five Chief Justices. It has never been an issue. "Sadly, now there is an issue, so we have to study it. Where did the non-clarity or confusion come in? Is it the processes, or is it the wording of the Act?" she said to reporters after attending the International Conference on Integrity and Governance here today. Yesterday, Azalina clarified that the JAC does not have binding authority in judicial appointments. She explained that the JAC's primary role is to screen, assess and recommend candidates to the Prime Minister, while appointments to the Federal Court, Court of Appeal and High Court must ultimately comply with Article 122B of the Federal Constitution. -- BERNAMA

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