Give Sabah, Sarawak their own JACs, says assemblyman
PETALING JAYA : Sabah and Sarawak should have their own judicial appointments commission (JAC) to strengthen judicial independence, a Sarawak assemblyman suggested today.
Kota Sentosa assemblyman Wilfred Yap lamented the 'glaring underrepresentation of Sabah and Sarawak in the appointment process of our nation's judiciary'.
'Sabah and Sarawak should each have their own JAC, empowered to identify and propose qualified candidates for appointment as chief judge of Sabah and Sarawak, as well as other High Court positions within the states.
'This is essential to ensure that appointments are grounded in local context, professional merit and the aspirations of local communities,' the Borneo Post quoted him as saying.
Yap also called for a statutory quota for Sabahan and Sarawakian representation in the federal and appellate courts, prescribed by law to reflect the states' equal constitutional standing.
'The current discretionary approach, where representation depends on executive appointments without clear statutory safeguards, is inadequate and incompatible with the letter and spirit of our founding agreements,' he said.
Yap said the lack of Sabahan representation in the JAC not only went against the Malaysia Agreement 1963's spirit of partnership, but also 'risks eroding public confidence in the impartiality and inclusiveness of the justice system'.
'The Federal Constitution itself acknowledges Sabah and Sarawak's special position.
'Article 122B(3) clearly requires that the prime minister consult the chief minister of the state concerned before advising the Yang di-Pertuan Agong on the appointment of the Chief Judge of the High Court in Sabah and Sarawak.
'While this consultation is not binding, it is intended to ensure the leadership of the judiciary in Sabah and Sarawak is not decided unilaterally by Putrajaya.'
The JAC is tasked with selecting suitable candidates to sit as judges in the superior courts – the Federal Court, the Court of Appeal, and the High Courts.
FMT reported last month that a senior judge had been summoned by the JAC to answer claims of interference in the appointment of judges dating back to last year.
Police are probing the allegations under the Official Secrets Act.
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