Lawyer files application to suspend JAC's activities
KUALA LUMPUR : A lawyer has filed an application to compel the Judicial Appointments Commission to suspend its activities of recommending judges for elevation and to hold administrative positions pending the outcome of a legal suit.
However, Syed Amir Syakib Arsalan Syed Ibrahim said in his application filed in the High Court here today the prime minister may advise the Yang di-Pertuan Agong on judicial appointments without being bound or subject to the recommendations of the JAC.
Syed Amir, who is challenging the constitutionality of the JAC Act 2009, said the prime minister could perform that function under Article 122B of the Federal Constitution.
Article 122B states that judges and administrative position holders shall be appointed by the Yang di-Pertuan Agong acting on the prime minister's advice, after consultation with the Conference of Rulers.
He said he did not intend to suspend or paralyse judicial appointments, or obstruct the exercise of constitutional functions by the prime minister or the king.
'Rather, this application is only intended to prevent any further reliance or implementation of the challenged legal framework pending the final decision of the court,' he said.
Syed Amir told FMT that unsealed copies of the stay application have been served on the defendants – the government and the JAC, and the Bar Council, which is allowed to come in as an intervener.
In his main suit filed last month, Syed Amir contends that the powers conferred on the nine-member JAC violate the doctrine of separation of powers and the basic structure of the constitution.
He is seeking a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the constitution.
He claims the JAC Act is inconsistent with Article 4, which states that the written constitution is the supreme law of the land.
Under the JAC Act, the commission proposes the nomination of judges to the High Court, the Court of Appeal, and the Federal Court.
It also recommends nominees for the posts of chief justice, Court of Appeal president, chief judge of Malaya, and chief judge of Sabah and Sarawak as and when they fall vacant.
Justice Amarjeet Singh has fixed July 16 to hear the main suit.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Straits Times
4 hours ago
- New Straits Times
Peaceful Assembly Act review must uphold Constitution, democratic values
KUALA LUMPUR: The Alliance for a Safe Community has expressed support for the government's decision to revisit the Peaceful Assembly Act 2012, in light of the recent Federal Court ruling which found one of its provisions unconstitutional. Its chairman, Tan Sri Lee Lam Thye, said the ruling served as a timely reminder that national laws must remain consistent with the Federal Constitution, particularly the right to freedom of assembly under Article 10. "We call on the government to ensure that the revised Peaceful Assembly Act not only aligns with the Federal Court's ruling but also enhances Malaysia's standing as a country that upholds human rights, democratic principles and the rule of law. "The right to peaceful assembly is a hallmark of a mature democracy. It must not be seen as a threat, but rather as a legitimate avenue for citizens to express opinions, participate in public discourse and hold decision-makers accountable," he said in a statement. Lee said the revised Act must fully align with Article 10 of the Federal Constitution, allowing peaceful assembly subject only to reasonable restrictions in the interest of national security, public order and morality. It should also remove provisions that impose excessive or disproportionate penalties on organisers or participants, so as not to deter lawful public assemblies. "It must provide clear, reasonable and non-burdensome procedures for organising assemblies, ensuring that administrative requirements do not become barriers to exercising constitutional rights. "It should also uphold the principle of proportionality, whereby any restrictions are strictly necessary and represent the least intrusive means to achieve a legitimate aim. "In addition, it must protect participants from harassment or arbitrary action, with clear guidelines for law enforcement to manage assemblies in a way that prioritises dialogue and de-escalation." Lee said the organisation also supports the Human Rights Commission of Malaysia's call for the government to involve civil society groups, legal experts and other relevant stakeholders in the review process. "Inclusive consultation is vital to ensure that any amendments are practical, balanced and reflective of the aspirations of a democratic society," he said. On Thursday, Home Minister Datuk Seri Saifuddin Nasution Ismail had said that the government is reviewing the Peaceful Assembly Act 2012 following the Federal Court ruling last month. He said the government is examining all provisions of the Act to ensure they align with democratic principles, human rights and the nation's current needs.
Focus Malaysia
5 hours ago
- Focus Malaysia
Does DAP agree with Guan Eng to exempt migrant workers from minimum wages, EPF benefits?
RECENTLY, former DAP secretary-general, current Bagan MP and party advisor Lim Guan Eng argued that Malaysia need not pay minimum wages to foreign migrant labour nor provide them with Employees Provident Fund (EPF) benefits. He even cited Singapore's exclusion of migrant workers from Central Provident Fund (CPF) as justification for his stance. Such a position might be expected from the leader of a pro-capitalist political party but coming from the leader of a party long considered social democratic, it is both baffling and deeply troubling. DAP is a member of the International Progressive Alliance and is affiliated with the Network of Social Democracy in Asia (SocDem Asia). To deny migrant workers these basic protections is to contradict the very principles the party claims to uphold. Malaysia's Federal Constitution makes no distinction between migrant and local workers in the provision of legislated minimum wages. All workers – foreign or local – are equal before the law. While Malaysia is not a signatory to certain International Labour Organization (ILO) conventions on wages and benefits, the absence of these legal commitments does not prevent the enforcement of universally accepted labour standards. Guan Eng's statement is not just an affront to migrant workers; it undermines DAP's claim to be a social democratic party. By rejecting minimum wages and social security benefits for migrant labour, the party appears to side against the most basic democratic demands of a vulnerable section of the workforce. DAP's leadership must now answer clearly: is the party still committed to social democracy or has it abandoned those principles entirely? Silence will be taken by the Malaysian public – especially the working class – as proof that DAP no longer represents the rights of the subaltern sections of society. If this is indeed the case, the party should openly re-define its political ideology while regional and international umbrella bodies must consider whether DAP still deserves to be recognised as part of the global social democratic movement. – Aug 9, 2025 Former DAP stalwart and Penang chief minister II Prof Ramasamy Palanisamy is chairman of the United Rights of Malaysian Party (Urimai) interim council. The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia. Main image credit: Lim Guan Eng/Facebook
Focus Malaysia
18 hours ago
- Focus Malaysia
Constitutional amendment on citizenship conferment: A milestone for gender equality in Malaysia
WANITA MCA welcomes the anticipated implementation of the amendment to the Federal Constitution on Malaysian citizenship conferment, expected to be completed next year. This amendment represents a crucial step forward for Malaysia in advancing gender equality in citizenship rights. It is also the result of years of sustained advocacy, not only by Wanita MCA, but also by various civil society groups united in our shared pursuit of gender equality. This milestone is especially significant, as once the amendment takes effect, Malaysian mothers will have the same legal rights as Malaysian fathers to confer citizenship to their infants born overseas. It corrects a longstanding discriminatory provision that previously allowed only fathers to pass on the Malaysian citizenship. This is a meaningful step towards eliminating institutional gender inequality in our country. As both mothers and citizens, women deserve the same legal rights as men, including the right to confer citizenship to their children. The reform also supports national development by addressing the loss of talent caused by legal inequities. A fairer legal framework will encourage more Malaysian women professionals abroad to return, along with their families, and contribute to the country's growth. Simultaneously, we need to acknowledge that discrimination against women still exists in certain legal and administrative systems. In particular, issues related to divorce rights and workplace protections continue to place women at a disadvantage. True gender equality cannot be achieved through isolated legal amendments or symbolic gestures. A thorough review of all remaining laws and policies that contain gender bias is essential, with a clear commitment to reform that ensures fair treatment of women across all sectors. As part of our efforts towards broader systemic reform, we once again highlight the ten petitions put forward by Wanita MCA advocating for gender equality and women's rights in Malaysia. One key petition calls for the swift passage of the Anti-Discrimination Against Women Bill, to ensure all legislation reflects the fundamental value of gender parity. Wanita MCA reaffirms our commitment to working closely with both civil society and the government to ensure this constitutional reform is implemented fairly, transparently and effectively. Every Malaysian mother deserves the full dignity and protection that the law is meant to provide. ‒ Aug 8, 2025 Datuk Wong You Fong is the Wanita MCA national chairperson. The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia. Main image: Al Jazeera
