JAC Act reform requires comprehensive review, constitutional amendment
KUALA LUMPUR: Any reform to the Judicial Appointments Commission (JAC) Act 2009 would require a comprehensive review, including amendments to the Federal Constitution.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said explained that the Act was tabled and passed in Parliament without any corresponding amendments to the Federal Constitution.
"Our current discussion revolves around whether one is satisfied or dissatisfied with the existing structure of the Act.
"If there is an intention to amend it, a comprehensive review must be undertaken, which includes amending the Constitution or introducing a new Act along with constitutional amendments.
"The issue here is that no law may override the Constitution. That is the rule of law," she said during a Townhall session with law students at Universiti Malaya today.
She was responding to a question regarding her views on the Chief Justice, Tun Tengku Maimun Tuan Mat's proposal to amend the JAC Act to remove the Prime Minister's role in advising the Yang di-Pertuan Agong on judicial appointments.
Azalina emphasised that regardless of any views expressed, the Federal Constitution remains supreme over any Act of Parliament.
"Nonetheless, if we are to consider the future direction of the JAC Act, an in-depth evaluation is necessary.
"Should the government so direct, the Legal Affairs Division policy unit is capable of undertaking one," she said.
At present, the appointment of judges is governed by Article 122B of the Federal Constitution, which provides that such appointments shall be made by the Yang di-Pertuan Agong, acting on the advice of the prime minister after consulting the Conference of Rulers.
– Bernama
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Express
2 hours ago
- Daily Express
Sabah pushes for fairer punishments: Proposed changes to criminal laws
Published on: Wednesday, June 11, 2025 Published on: Wed, Jun 11, 2025 By: Sherell Jeffrey Text Size: Those from the CLRC posing in a photo with Sabah stakeholders. Kota Kinabalu: Legal experts and civil society representatives in Sabah are pushing for fairer punishments and real action on proposed changes to Malaysia's criminal laws, as the country undertakes its biggest review of crime-related legislation in decades. These suggestions were expressed during a townhall session here, Monday, hosted by the Criminal Law Reform Committee (CLRC) as part of its nationwide consultation tour which kicked off in the peninsula on May 21. Advertisement Chaired by former Federal Court Judge Tan Sri Harmindar Singh Dhaliwal, the townhall here aimed to gather input from Sabah stakeholders on proposed reforms to three important pieces of legislation, namely the Penal Code (Act 574), Criminal Procedure Code (Act 593) and Evidence Act (Act 56). 'We have not finalised anything. For now, we are just seeking feedback from everyone,' Harmindar told the townhall session. 'From then on, the committee, the researchers and so on will look into all the proposals and see which ones we can implement immediately and those that we can implement maybe in the longer term,' he said, pointing out that the committee remains in the consultation phase. The consultation process includes townhall sessions across Peninsular Malaysia, Sabah and upcoming sessions in Sarawak, including online feedback forms. The public consultation period has been extended from May 31 to June 15 to accommodate wider participation. Among those present at the townhall session here were Sabah Law Society Immediate Past President Datuk Roger Chin who pointed out the importance of inclusive consultation in the law-making process. 'A lot of these laws, a lot of times if they do not consult stakeholders, they do not take into account their views, then the laws will be not good,' Roger told Daily Express when met after the session. 'This is the only way that we can advance law because law cannot be static. It must be amended all the time to suit the changing times,' he said. The reform initiative, spearheaded by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, reflects the Government's commitment to ensuring Malaysia's legal framework remains relevant and effective in addressing modern challenges. While Sabah stakeholders welcomed the consultation process, several expressed cautious optimism about whether their feedback would translate into actual legislative changes. 'I hope the feedbacks are actually incorporated. I think a lot of times, for whatever policy reasons or reasons unknown, even worse, laws are not changed when they should be,' Roger said, citing concerns about prison overcrowding due to inflexible sentencing for minor drug offenses. Social activist cum former journalist Dr Kanul Gindol shared this sentiment while expressing confidence in the committee's leadership. 'I hope the Government will really look into all these loopholes, grievances and comments from the stakeholders, especially from our learned lawyers who are very involved in carrying out fair involvement or solutions of any cases involving criminal laws,' he said. Justice for Sisters representative Megan Stephen pointed out the need for gender-neutral language in criminal laws. 'In all the provision or law, amendment should be done to make it a more gender-neutral language. For example, rape cases. The word 'woman' should be changed to 'person' because anyone can be raped, not just women,' said Megan. 'What I hope as well is to protect stateless and undocumented people, not just for Malaysians, but underprivileged people as well. 'I have a 50-50 confidence level due to concerns about double standards in the justice system where if you have more privilege, more money, then certain people that are underprivileged, they cannot be protected,' said Megan, expressing measured expectations about its implementation. Sabah Prisons' Board of Visiting Justices Chairperson Datuk Katherine Lee advocates for Community Service Orders (CSO) as alternatives to imprisonment for lesser crimes. 'I would like to see more CSO implemented, especially for the lesser crimes,' she said, expressing concern over the current system where mothers who steal milk or food for their baby are sentenced to three months jail or six months' jail. 'It does not make sense to me. Nobody's looking after the babies,' she said. She also expressed concerns about the Deferred Prosecution Agreement (DPA), saying that wealthy defendants should not be able to simply negotiate settlements for crimes. Instead, she proposed that offenders still be charged properly, but they can add on to the sentence to contribute to society as a contribution to help the needy. She would also like to see Restorative Justice (RJ) which focuses on repairing harm caused by crime involving the victims and offenders and even families in the resolution process. 'This approach addresses the harm caused by crime rather than solely focusing on punishment, potentially facilitating reconciliation between all parties involved. 'The implementation would require comprehensive training for stakeholders including police officers, social workers and judges, as well as legislative amendments to the Child Act 2001, Penal Code and Criminal Procedure Code to formally recognise and support RJ practices,' she said. For the record, this is Malaysia's first comprehensive attempt at criminal law reform through a dedicated committee structure. The CLRC, supported by an Ad Hoc Committee comprising experts in law, enforcement, technology and civil society, has been tasked with completing its review within 18 months in phases. The reform initiative reflects the Madani Government's commitment to ensuring Malaysia's criminal justice system becomes more responsive, fair and effective while maintaining the rule of law and protecting individual rights. The success of these reforms will largely depend on how effectively the Government incorporates the diverse voices and concerns raised during these consultation sessions into concrete legislative action. * 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. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Free Malaysia Today
5 hours ago
- Free Malaysia Today
Reforms ongoing and backed by solid evidence, says Azalina
Law and institutional reform minister Azalina Othman Said said more than 30 legislative amendments have been passed since 2023. (File pic) PETALING JAYA : The government's reform agenda is ongoing and backed by solid evidence, says law and institutional reform minister Azalina Othman Said. In a Facebook post, Azalina said she agreed with Prime Minister Anwar Ibrahim's remarks yesterday that reforms cannot be rushed, and stressed that systemic changes should not be executed hastily or rolled out merely to look good on paper. She said the current administration has moved at an unprecedented pace in laying the groundwork for institutional and legislative reforms, setting a benchmark not seen under previous governments. Azalina said the legal affairs division of the Prime Minister's Department, together with other agencies under her purview, had made significant progress in implementing reforms in a structured and comprehensive manner. This included the successful reinstatement of the Parliamentary Services Act 2025, and the implementation of more than 30 legislative amendments since 2023. 'This shows that the government's reform efforts are not mere rhetoric. 'This is clear evidence that the Madani government's reform agenda is in motion and being implemented. 'As policymakers, our duty is to ensure that every reform initiative is not only ambitious but, more importantly, feasible and beneficial to the Malaysian public,' she said. Azalina said the legal affairs division had launched the PetaRI portal, a dedicated online platform to provide the public with regular updates on the progress of government reform initiatives. 'Whether we like it or not, we must acknowledge that the Madani government has laid the foundation for reform at a pace unmatched by previous administrations. 'The proof lies in the institutional changes and legal updates that the public can assess for themselves,' she said.
The Sun
7 hours ago
- The Sun
MADANI reform agenda alive and advancing
KUALA LUMPUR: The MADANI government has delivered the Parliamentary Services Act 2025 and spearheaded more than 30 legal amendments since 2023, said Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said. 'This is not mere rhetoric. It is concrete evidence that the MADANI Reform agenda is very much alive and advancing,' she said in a Facebook post today. Azalina said she agreed with Prime Minister Datuk Seri Anwar Ibrahim's statement yesterday that reform efforts should not be rushed, but rather approached as a structured process requiring thorough consideration. 'Systemic reform is never instantaneous, and for good reason. As policymakers, our duty is to ensure that every reform is not only ambitious but also implementable. There is no wisdom in putting the cart before the horse. 'Let's be clear, the #MADANI government has laid the foundations for reform at a pace unmatched by previous administrations. The results speak for themselves. #MADANIBekerja,' she added. She also invited the public to visit the PetaRI portal, developed by the Legal Affairs Division of the Prime Minister's Department at which regularly updates the progress of the reform initiatives.
