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
New Straits Times
4 hours ago
- New Straits Times
Umno launches guidebook to sharpen party communications
KUALA LUMPUR: Umno has launched its 'Malaysia Narrative Guidebook' to strengthen the party's communication capabilities and coordination in facing an increasingly challenging communications landscape. The Umno information chief's office said the guidebook offers a unified and structured narrative framework to support the party's information machinery at all levels. It said the initiative aims to equip Umno information offices at the national, state, and veteran levels in delivering clear and effective messaging. "The guidebook also serves as a reference for grassroots members to address current issues and retell Umno's journey post-2018, enabling a deeper understanding of the party's ups and downs," it said in a statement today. The guidebook was officially launched earlier today by Umno information chief Datuk Seri Azalina Othman Said, who is also the Minister in the Prime Minister's Department (Law and Institutional Reform). The guidebook outlines a comprehensive communication strategy, including narrative approaches to political and policy matters, crisis communication guidelines, and rapid response protocols. It also includes visual and digital content standards for social and mainstream media, along with best practices to support Umno's policies and national agendas. The guidebook is now accessible to all Umno divisions, information units, and veteran wings. Additional resources such as PDF files, digital templates, and training modules are available for download via the party's official portal and social media platforms.
![[UPDATED] Anwar files application to stay civil suit proceedings](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2FHQ2409127624_1749179584.jpg&w=3840&q=100)
New Straits Times
4 hours ago
- New Straits Times
[UPDATED] Anwar files application to stay civil suit proceedings
KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim has filed an application to stay trial proceedings in connection with a sexual assault suit filed against him in 2021 by former research officer, Muhammed Yusoff Rawther. Anwar's lawyer, Datuk Seri Rajasegaran Krishnan, confirmed the filing to the New Straits Times. "We filed the stay application last night. Case management will be held online this afternoon, during which a hearing date will be fixed," he said. This came after High Court judge Roz Mawar Rozain dismissed Anwar's bid to refer eight constitutional questions to the Federal Court, which included whether he possessed immunity from a civil suit filed by Yusoff. Roz Mawar had also rejected Anwar's application to stay trial proceedings in the sexual assault suit, which she will preside over beginning June 16. The suit was filed before Anwar's appointment as prime minister on Nov 24, 2022. One of the main grounds in Anwar's stay application was that the High Court decision relied on two cases which had already been overruled by the Federal Court. It also said the judge erred in law by relying on overruled and discredited Federal Court precedents, resulting in a decision that lacks legal foundation and breaches the principle of constitutional fidelity. Rajasegaran had said a notice of appeal against Roz Mawar's entire decision had been filed on Wednesday. Roz Mawar, in her decision, ruled that Anwar's referral application on the eight constitutional questions was speculative and did not meet the requirements under Section 84 of the Courts of Judicature Act. Anwar had sought the apex court to rule whether Articles 5,8,39,40 and 43 of the Federal Constitution grant him qualified immunity from Yusoff's suit. Anwar had asked the court to decide whether Yusoff's suit would impair the effective discharge of his executive duties and undermine the constitutional separation of powers. He had also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the Constitution.
The Star
7 hours ago
- The Star
Malaysians must resist attempts to erode fundamental freedoms, says MCA
THE continuous violations of people's rights and freedoms threaten to plunge the nation into the darkest chapter in Malaysian history. Fundamental freedoms outlined in the Federal Constitution such as freedom of speech and movement are now in a downward spiral. Over the past year, citizens' rights and freedoms have been consistently suppressed and intimidated by the government. The clear intention behind these actions is to create a fear-based effect that discourages the public from expressing dissatisfaction or criticising government policies. Several incidents; all of which have been reported by the media, have highlighted this troubling trend: – In April, a netizen working at a petrol station was detained by the police after uploading a video critical of the Prime Minister. A few days later, he was charged in court. – In May, a car dealership owner and influencer who requested an investigation into the background and finances of PKR deputy president Nurul Izzah Anwar was summoned by the Communications and Multimedia Commission (MCMC). The police later took him in for questioning and his dealership was raided by authorities. – The Housing and Local Government Ministry's MyKiosk project sparked controversy regarding inflated costs and the risk of becoming a white elephant project. Multiple MCA leaders who commented on the issue saw their TikTok videos removed overnight, with some even having their accounts banned. – Renowned artist and social activist Fahmi Reza was banned from leaving the country, with the government later claiming it was a misunderstanding. – The South China Morning Post revealed that the Malaysian government had ordered telecommunication companies to submit detailed records of users' calls and Internet activities. These incidents show how the government has mobilised state apparatus to systematically suppress, monitor, and intimidate the people. Such actions not only violate democratic principles but also severely infringe upon human rights. Those in power should prioritise the well-being of the people, respect basic human rights, and uphold the rule of law, rather than abusing power to silence dissenting voices. A government that fears the people's voices is one that is heading toward authoritarianism. It is crucial for the public to remain vigilant and resist any attempts to erode or dismiss fundamental freedoms. Together, we as fellow Malaysians must continue to defend the rights and freedoms guaranteed by the nation's Constitution. CHAN QUIN ER MCA information chief and Wanita MCA secretary-general
