Latest news with #JACAct
New Straits Times
22-05-2025
- Politics
- New Straits Times
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
The Sun
22-05-2025
- Politics
- The Sun
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.
Free Malaysia Today
02-05-2025
- Politics
- Free Malaysia Today
Lawyer files application to suspend JAC's activities
Lawyer Syed Amir Syakib Arsalan Syed Ibrahim wants the JAC to suspend its activities until the conclusion of his main suit. 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.
Daily Express
23-04-2025
- Politics
- Daily Express
Federal Court judge Zabariah Yusof appointed to Judicial Appointments Commission
Published on: Wednesday, April 23, 2025 Published on: Wed, Apr 23, 2025 By: V Anbalagan, FMT Text Size: Federal Court judge Zabariah Yusof was appointed to the Judicial Appointments Commission by Prime Minister Anwar Ibrahim pursuant to Section 5(1)(e) of the JAC Act. PUTRAJAYA: Federal Court judge Zabariah Yusof has been appointed to the Judicial Appointments Commission (JAC) for six months, replacing Nallini Pathmanathan whose two-year tenure ended two months ago. Zabariah's name was included in the updated list of nine commission members published on JAC's website. Her appointment was made by Prime Minister Anwar Ibrahim pursuant to Section 5(1)(e) of the JAC Act. Zabariah turned 66 – the mandatory retirement age for judges – on April 10. However, she received a six-month extension to remain in office from the Yang di-Pertuan Agong. Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, Chief Judge of Malaya Hasnah Hashim, and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli presently sit on the JAC as they hold the four top administrative posts in the judiciary. Last year, the prime minister appointed four eminent persons to the JAC for a two-year term beginning Nov 1: former attorney-general Idrus Harun, former Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid, and Universiti Teknologi Mara law lecturer Hartini Saripan. The JAC nominates the names of candidates for elevation and promotion to the prime minister as required under the JAC Act, which came into force in 2009. The king then appoints judges on the advice of the prime minister after consulting the Conference of Rulers, as stated under Article 122B (1) of the Federal Constitution. * Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss. * 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
23-04-2025
- Politics
- Free Malaysia Today
Federal Court judge Zabariah Yusof appointed to JAC
Federal Court judge Zabariah Yusof was appointed to the Judicial Appointments Commission by Prime Minister Anwar Ibrahim pursuant to Section 5(1)(e) of the JAC Act. PUTRAJAYA : Federal Court judge Zabariah Yusof has been appointed to the Judicial Appointments Commission (JAC) for six months, replacing Nallini Pathmanathan whose two-year tenure ended two months ago. Zabariah's name was included in the updated list of nine commission members published on JAC's website. Her appointment was made by Prime Minister Anwar Ibrahim pursuant to Section 5(1)(e) of the JAC Act. Zabariah turned 66 – the mandatory retirement age for judges – on April 10. However, she received a six-month extension to remain in office from the Yang di-Pertuan Agong. Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, Chief Judge of Malaya Hasnah Hashim, and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli presently sit on the JAC as they hold the four top administrative posts in the judiciary. Last year, the prime minister appointed four eminent persons to the JAC for a two-year term beginning Nov 1: former attorney-general Idrus Harun, former Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid, and Universiti Teknologi Mara law lecturer Hartini Saripan. The JAC nominates the names of candidates for elevation and promotion to the prime minister as required under the JAC Act, which came into force in 2009. The king then appoints judges on the advice of the prime minister after consulting the Conference of Rulers, as stated under Article 122B (1) of the Federal Constitution.
