Yap proposes dedicated Judicial Appointments Commission for Borneo states

Borneo Post

11 hours ago

Photo for illustration purposes only. — Pexels photo
KUCHING (July 15): Sabah and Sarawak should have their own dedicated Judicial Appointments Commission (JAC) in the effort to strengthen judicial independence, suggested Wilfred Yap.
In a statement, the Kota Sentosa assemblyman said as an advocate of the High Court of Sabah and Sarawak, he is compelled to express deep concern over issues surrounding the current JAC, 'particularly the glaring underrepresentation of Sabah and Sarawak in the appointment process of our nation's judiciary'.
According to him, the Malaysia Agreement 1963 (MA63), together with the 18-Point and 20-Point Agreements for Sarawak and Sabah respectively, underscore the fundamental principle that the Borneo states must retain a distinct and equal status within the Federation of Malaysia.
He said this includes autonomy and meaningful participation in key institutions of governance, where the judiciary is no exception.
'Today, there is no Sabahan representation among the nine members of the JAC. This omission not only contravenes the spirit of partnership embedded in the MA63 but also risks eroding public confidence in the impartiality and inclusiveness of our justice system.
'Indeed, the Federal Constitution itself acknowledges Sabah and Sarawak's special position. Article 122B(3) of the Constitution clearly requires that, before the Prime Minister advises the Yang di-Pertuan Agong on the appointment of the Chief Judge of the High Court in Sabah and Sarawak, the Prime Minister must consult the Chief Minister of the State concerned,' he pointed out.
While this consultation is not binding, it is intended to ensure that the leadership of the judiciary in Sabah and Sarawak is not decided unilaterally by Putrajaya, he said.
Yap stressed that this provision reflects the spirit of the MA63 and demonstrates that the constitution recognises the right of Sabah and Sarawak to have a voice in the administration of justice.
'At a time when public scrutiny of judicial independence is at its highest, these safeguards must be strengthened – not ignored or reduced to a mere formality. It is therefore critical that constitutional consultation requirements be given genuine effect, and further complemented by robust institutional reforms,' he said.
He said urgent structural reforms are needed to safeguard the rights and dignity of the people of Sabah and Sarawak, firstly by establishing a respective independent JAC.
Pursuant to the MA63 and the constitutional guarantees protecting the judicial institutions, Sabah and Sarawak should each have their own JAC empowered to identify and propose qualified candidates for appointment as the Chief Judge of Sabah and Sarawak, as well as other positions within the High Court in Sabah and Sarawak, he stated.
He opined that this is essential to ensure that appointments are grounded in local context, professional merit, and the aspirations of local communities.
Such a body would give meaningful effect to the consultative rights under Article 122B(3) and reinforce public confidence that the judiciary belongs to the people it serves, he said.
He said there should also be a statutory quota for representation in Federal and Appellate Courts.
He proposed that the number of judges from Sabah and Sarawak appointed to the Federal Court and Court of Appeal should be prescribed by law to reflect the equal constitutional standing of the Borneo States of Sabah and Sarawak.
'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 argued.
'Moving forward, it is timely to consider how these consultative and appointment rights can be strengthened, including the establishment of JAC dedicated to Sabah and Sarawak, so that both Sabah and Sarawak can exercise greater ownership over judicial appointments and maintain public confidence in the administration of justice.'
He claimed these measures would go far in restoring public confidence, upholding the constitutional balance, and affirming the promise that Malaysia belongs equally to all its component territories of Malaya, Sabah, and Sarawak.
'I therefore urge the Federal Government, the Conference of Rulers, and all Members of Parliament to give these proposals their fullest consideration. The time has come to honour our historical commitments with genuine institutional empowerment,' Yap added.
An excerpt purportedly from classified minutes of a JAC meeting in May was recently leaked on social media.
It has prompted calls for an investigation into allegations of abuse of power and judicial interference as well as for reforms. Judicial Appointments Commission lead Wilfred Yap