Group questions urgent JAC meeting, PM's role in judge appointments
The Defend the Judiciary Secretariat said this violated Section 13 of the JAC Act 2009, which requires a 10-day notice for the commission to meet.
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Malaysiakini
3 days ago
- Malaysiakini
Greater Sabah representation needed in apex courts
LETTER | Sabah lawyer and Warisan legal advisor, Chin Tek Ming, today congratulated the newly appointed judges to the highest echelons of the Malaysian judiciary and reiterated his longstanding call for greater representation of Sabah-born jurists in the nation's appellate courts. Chin extended his congratulations to Wan Ahmad Farid Wan Salleh on his appointment as the 17th chief justice of Malaysia, Abu Bakar Jais as the new president of the Court of Appeal, and Azizah Nawawi as the chief judge of Sabah and Sarawak. He also commended the appointments of eight new Court of Appeal judges and 14 High Court judges, expressing hope that the new appointees will discharge their judicial responsibilities 'without fear or favour' and uphold the sanctity of the rule of law - one of the key pillars of Malaysia's constitutional separation of powers. While expressing support for the latest appointments, Chin reaffirmed the concerns he raised in his press statements dated June 9 and 14, where he highlighted the underrepresentation of judges of Sabah origin in the Federal Court and Court of Appeal. 'To this day, there remain too few Court of Appeal judges of Sabah origin, and there are none in the Federal Court. This imbalance must be rectified in accordance with the spirit and terms of the Malaysia Agreement 1963 (MA63),' he said. He added that while Sabah has produced many capable jurists, few have been elevated to the apex courts, and this continuing disparity undermines the federal principle of equal partnership among the constituent regions of Malaysia. In addition, Chin urged the government and the Judicial Appointments Commission (JAC) to consider appointing retired but experienced Sabah jurists to serve on the Commission. 'We have a wealth of legal experience among retired judges from Sabah, such as former chief justice Richard Malanjum and former chief judge David Wong, who can bring valuable insight and regional balance to the JAC,' he said. Chin concluded by emphasising that judicial diversity, especially in terms of geographical representation, is crucial to reinforcing public confidence in the judiciary and ensuring that the administration of justice is reflective of Malaysia's federal character. The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
Focus Malaysia
23-07-2025
- Focus Malaysia
'Agong should delay swearing in of CJ, appellant court president till their appt legality confirmed'
LAWYER Charles Hector has called on the Yang di-Pertuan Agong (YDPA) to delay the July 28 swearing in ceremony of Chief Justice-appoint Datuk Wan Ahmad Farid Wan Salleh and Court of Appeal president Datuk Abu Bakar Jais pending confirmation that their appointments are law abiding. Hector who is also a human rights activist further contended that the crux of the matter is that Prime Minister (PM) Datuk Seri Anwar Ibrahim 'may have ignored the recommendations of the Judicial Appointments Commission (JAC) to get his own choice of judges to be appointed'. 'If later, it is found that the appointments were illegal for failure to strictly comply with the law, then Wan Farid, Abu Bakar and even Datuk Azizah Nawawi who was appointed as Chief Judge of Sabah and Sarawak may be embarrassed unnecessarily,' he penned on his latest blog. 'It is best to be duly sure before proceeding with the appointment.' Since, the enactment of the JAC Act 2009, Hector stressed that the Parliament has decided that the sitting PM will have no absolute discretion with regard to appointment of judges. In other words, the PM is restricted from viewing the vetted names of candidates who have been approved and recommended by the JAC. This has to do with the earlier controversies sparked by the Lingam Tape Scandal 2007 which was coincidentally exposed by PMX himself in his then capacity as the de facto PKR president. In a nutshell, the scandal revealed that external parties could and may have influenced the appointment of judges or even the judges that heard certain cases. As solution to the issue, the JAC Act 2009 was tabled. 'The JAC will as soon as a vacancy is apparent start working to identify persons/judges whom they will recommend to the PM who will then advise the Agong to appoint,' stressed Hector who is also the co-founder of NGO Malaysians Against Death Penalty and Torture (MADPET). 'As the JAC would reasonably act FAST so we don't end up with a vacancy (or a prolonged vacancy), was it PMX who delayed the appointment process after having received the JAC's recommendations? 'Did he fail to advice the Agong to appoint judges when vacancies arise?' On this note, Hector pointed to the following: The nine-month delay in appointing a new Chief Judge of the High Court of Malaya; The delay that caused unfilled vacancies of judges in the High Court, Court of Appeal and the Federal Court (more than 29 + 2 vacancies); and The delay in the appointment of the Chief Justice and Court of Appeal president, both of whom had retired by July 2. 'Did PMX ignore the recommendation of the JAC which would reasonably have been made way before the CJ retired (given that there was 16-17 days delay before the appointment of Wan Farid and Abu Bakar),' queried Hector. 'Did PMX cause another JAC to sit thereafter to make new recommendations which may be a breach of the JAC Act 2009? 'Amid these many uncertainties, it's best that ALL these doubts be resolved before the Agong appoints the new Chief Justice or appellant court president.' – July 23, 2025 Main image credit: Media Perpaduan
Malaysiakini
22-07-2025
- Malaysiakini
Lawyer withdraws JAC Act challenge after govt assures improvements
Senior lawyer Syed Amir Syakib Arsalan Syed Ibrahim has withdrawn his judicial review application filed in May, challenging the Judicial Appointments Committee (JAC) Act 2009. In a statement today, he said he instructed his legal team to discontinue proceedings, including the application to refer constitutional questions to the Federal Court under Article 128(2) of the Federal Constitution. 'This decision follows recent public statements by...
