Latest news with #JudicialAppointmentsCommissionAct
New Straits Times
5 days ago
- Politics
- New Straits Times
Judicial independence must continue under Wan Ahmad Farid, say PKR MPs
KUALA LUMPUR: Nine PKR members of parliament have expressed hope that the judiciary, under newly appointed Chief Justice Datuk Wan Ahmad Farid Wan Salleh, will continue efforts to strengthen judicial independence. In a statement, they outlined five key issues that the judiciary must address following the appointment of its new leadership. This includes finalising the appointments of judges to fill 31 vacancies as soon as possible to prevent disruptions to the administration of justice, and ensuring that judicial appointments are truly based on merit and seniority, in fairness to long-serving judges who have upheld the integrity and reputation of the judiciary. "(They must also) ensure that judicial appointments follow the proper process under the Federal Constitution and the Judicial Appointments Commission Act (JAC), so that appointments are made based on merit and seniority; "(This also includes) ensuring that there is no interference in the selection, control, or influence of judicial appointments that contradict the principles of judicial independence, the Federal Constitution, the JAC Act, or procedural rules that must be followed to ensure that the process is merit-based and fair to judges. "(They must also) resolve the issues raised in previous JAC meetings, including follow-up actions to investigate allegations of attempts to influence judicial decisions made against a Federal Court judge," they said. The nine MPs are Pandan MP Datuk Seri Rafizi Ramli, Setiawangsa MP Nik Nazmi Nik Ahmad, Puchong MP Wong Chen, Ampang MP Rodziah Ismail, Wangsa Maju MP Zahir Hassan, Balik Pulau MP Datuk Bakhtiar Wan Chik, Ledang MP Syed Ibrahim Syed Noh, Sungai Siput MP S Kesavan and Batu Pahat MP Onn Abu Bakar. They had also previously called for a royal commission of inquiry (RCI) to investigate what they claimed were alleged irregularities in the appointment of senior judges, including the Chief Justice. They had also expressed intentions to formally request that proceedings and an inquiry be conducted by the Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform, including top government officials to testify. They said the announcement that Wan Ahmad Farid has been appointed as the new Chief Justice has somewhat eased public concerns about issues related to judicial independence. Together with the appointment of Datuk Abu Bakar Jais as President of the Court of Appeal and Datuk Azizah Nawawi as the Chief Judge of Sabah and Sarawak, they said, it completes the current leadership of the judiciary. "The initial reaction to Wan Ahmad Farid's appointment has been mixed, given his background as a former Umno leader and his perception as being junior compared to some other judges. "We hope that, as the new Chief Justice, Wan Ahmad Farid will accept these diverse views openly. "These should serve as a guide and motivation to prove that his leadership will better uphold the independence of the judiciary, surpassing the outstanding record of Tun Tengku Maimun Tuan Mat, who previously held the position," they said. They added that the recent turmoil over judicial leadership appointments highlights the need for reforms to further strengthen the judicial appointment process to prevent such issues from recurring. Meanwhile, they also expressed hope that the government under the leadership of Prime Minister Datuk Seri Anwar Ibrahim would not consider the matter fully resolved as long as improvements to the judicial appointment process are not presented to the public and implemented. They outlined several proposals for the government to take into account. This includes the proposal to improve the Prime Minister's power to reject nominations from the JAC, ensuring this power is limited and that the Prime Minister provides official reasons (either to the JAC or Parliament) for rejecting a candidate already screened by the JAC. This also includes a proposal to automatically appoint representatives from the legal bodies of Peninsular Malaysia, Sabah, and Sarawak to the JAC, thus reducing the Prime Minister's power to appoint the majority of JAC members as is currently the case. "(This includes) a proposal for Parliament to be involved in confirming JAC nominations before they are brought to the Prime Minister, either in the form of confirmation hearings as in other countries, or through a parliamentary vote, with a voting mechanism to be determined later. They said they would continue to monitor these matters.
Herald Malaysia
5 days ago
- Politics
- Herald Malaysia
MCCBCHST seeks clarity on judges' tenure
MCCBCHST has called on Prime Minister Datuk Seri Anwar Ibrahim to clarify whether he referred the names of three top judges for tenure extensions to the Yang Di-Pertuan Agong, as required under Article 125 of the Federal Constitution. Jul 18, 2025 Prime Minister Datuk Seri Anwar Ibrahim (Photo: Facebook) KUALA LUMPUR: The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has called on Prime Minister Datuk Seri Anwar Ibrahim to clarify whether he referred the names of three top judges for tenure extensions to the Yang Di-Pertuan Agong, as required under Article 125 of the Federal Constitution. In statement dated July 4, the interfaith council referred to the Prime Minister's recent remarks that procedures must be followed for extending judicial tenures, emphasising that such extensions are not automatic and involve the commission, the Prime Minister, and the King. However, MCCBCHST highlighted that while Article 125 allows for up to a six-month extension beyond the age of 65, the process must be initiated by the Prime Minister and approved by the King — not the Judicial Appointments Commission (JAC), which only handles judicial appointments. The council questioned whether the Prime Minister submitted the names of outgoing Chief Justice Tengku Maimun Tuan Mat, Court of Appeal President Abang Iskandar Abang Hashim, and Federal Court Judge Nallini Pathmanathan for extension. If he did not, they asked why, and what the King's decision was on the matter. MCCBCHST stressed that 'merely outlining the procedure is insufficient' and called for transparency in the actual decisions made, especially given the routine practice of granting brief extensions to allow judges to complete pending judgments. On a separate but related issue, the council expressed strong support for the establishment of a tribunal to investigate allegations of misconduct by a senior judge. According to media reports, the judge was summoned by the JAC in May 2025 to respond to accusations of interference in judicial appointments dating back to 2024. A subsequent police report was filed by a subordinate, who also raised concerns about the alleged leak of sensitive information related to the proceedings. MCCBCHST said the allegations, if true, represent serious judicial misconduct and potentially criminal behaviour under both the Judicial Appointments Commission Act and the Penal Code. Section 34 of the JAC Act provides for penalties of up to RM100,000 in fines or two years' imprisonment for individuals who improperly influence the commission. The council backed calls by the 'Defend Judiciary' Secretariat to establish a formal tribunal under Article 125(3) and (4) of the Federal Constitution. Given that Chief Justice Tengku Maimun's tenure ended on July 1, MCCBCHST said the responsibility now lies with the Prime Minister to advise the King on the formation of the tribunal. 'We urge the Prime Minister to act urgently. He has repeatedly pledged to protect judicial independence and refrain from interference,' the council said in a statement. 'This is the moment to uphold those commitments.' MCCBCHST also reiterated its hope that public clarification from the Prime Minister will dispel rumours and speculation surrounding the nonextension of the judges' tenure and demonstrate a clear commitment to judicial transparency and accountability.
New Straits Times
16-07-2025
- Politics
- New Straits Times
Malaysian Bar seeks court order for access to JAC meeting minutes
KUALA LUMPUR: The Malaysian Bar has filed a discovery application in the High Court seeking access to the Judicial Appointments Commission's (JAC) meeting minutes from the past two years. Christopher Leong who appeared for the Malaysian Bar said the application was made due to a dispute over facts in the ongoing proceedings. He said this when met after a court hearing today on an originating summons filed by a lawyer to challenge the constitutionality of the JAC Act 2009, naming the government and the JAC as respondents. "Judge Datuk Amarjeet Singh has fixed Sept 11 to hear the application," said the former Malaysian Bar president. On April 22, the same court allowed the Malaysian Bar to intervene, while the Human Rights Commission (Suhakam) was allowed to hold a watching brief in the case. The lawsuit was filed on April 8 by Datuk Syed Amir Syakib Arsalan Syed Ibrahim, who is seeking a declaration that the JAC Act is unconstitutional, null, and void for contravening Article 122B of the Federal Constitution. He is also seeking a mandamus order to compel the prime minister and the government to comply with the judicial appointment process set out under Article 122B of the Federal Constitution and be free from any interference by the Commission. Article 122B provides that the appointment of judges shall be made by the Yang di-Pertuan Agong, acting on the advice of the prime minister after consulting the Conference of Rulers. In addition, he is seeking an interim stay of any judicial appointments made according to the JAC Act 2009 pending the disposal of the application and further orders deemed fair, just and appropriate in the interests of justice. Malaysian Bar secretary Murshidah Mustafa, in her supporting affidavit, claimed that Bar president Mohamad Ezri Abdul Wahab had requested the documents from the then JAC chairperson via a letter dated May 9. However, the request was rejected on June 5, with the JAC citing Section 32 of the Judicial Appointments Commission Act, which imposes a duty of secrecy on its members and prohibits disclosure of any information unless ordered by the court. She claimed the documents are relevant and necessary to demonstrate the actual working of the JAC in carrying out its statutory duties and powers under the JAC Act 2009. On April 10, Malaysian Bar president Mohamad Ezri Abdul Wahab in a statement said the challenge was raising important constitutional questions and reaffirmed the right of every citizen to seek judicial clarity on matters of public importance. He added that the Bar has long called for reforms to the JAC Act, particularly to reduce its judge-centric composition and promote greater diversity and inclusivity, while reviewing the executive's role in judicial appointments. He said the Bar Council's Civil Law and Law Reform Committee is currently finalising a comprehensive list of proposed amendments, which will be submitted to the government for consultation.
Malaysian Reserve
11-07-2025
- Politics
- Malaysian Reserve
Report: Debate over chief justice appointment intensifies as palace issues warning against politicisation
THE ongoing debate over the appointment of Malaysia's next chief justice continues to escalate, prompting a rare warning from Istana Negara imploring all parties to handle the matter prudently and refrain from politicising the process, in order to preserve the integrity of the judiciary. Utusan Malaysia reported that despite the palace's reminder, questions remain over whether the controversy can be contained. Earlier, nine Members of Parliament (MPs) from Parti Keadilan Rakyat (PKR) called for the formation of a Royal Commission of Inquiry (RCI) to investigate alleged irregularities in the judicial appointment process. The MPs insisted the demand is within their rights as elected representatives and expressed openness to discussions with any political group, including the opposition. Former PKR deputy president and former economy minister, Datuk Seri Rafizi Ramli, also sent a formal letter to all MPs urging their support for the RCI. Rafizi pointed out the importance of ensuring that judicial appointments, especially to top posts, adhere to recommendations made by the Judicial Appointments Commission (JAC). 'I once again urge honourable members to show solidarity and support this effort — whether by signing the attached letter, making public statements, participating in related forums, or taking action in Parliament,' he stated in the letter. Rafizi's call received backing from PAS, whose information chief, Ahmad Fadhli Shaari, said the party supports all efforts to resolve the current judicial crisis, including the RCI proposal — although he remained sceptical about any meaningful outcome as long as Prime Minister Datuk Seri Anwar Ibrahim remains in office. 'Our support is not conditional. PAS supports any effort to resolve the crisis surrounding the appointment of judges,' Ahmad Fadhli reiterated. In its official statement yesterday, Istana Negara reaffirmed that, under Article 122B of the federal constitution, the appointment of judges is made by the Yang di-Pertuan Agong on the advice of the Prime Minister after consultation with the conference of rulers. The 2009 Judicial Appointments Commission Act (Act 695) governs the process of selecting judicial candidates, but the final advisory power lies with the Prime Minister. 'Matters of appointment under the constitution must be handled lawfully so that the exercise of the Yang di-Pertuan Agong's authority is not politicised by any party,' the statement read. Minister in the Prime Minister's department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, also weighed in, assuring the public that the appointment process for both the chief justice and president of the court of appeal is being conducted transparently and fully in line with constitutional provisions. She added that the upcoming 269th Conference of Rulers, scheduled from July 15 to 17, will discuss the appointments. Currently, the chief justice position is being held on an acting basis by chief judge of Malaya, Tan Sri Hasnah Mohammed Hashim. The vacancy and the surrounding uncertainty have led the Malaysian Bar to announce a peaceful march on July 14, from the Palace of Justice to the Prime Minister's Office, where they will deliver a memorandum containing four key demands. The demands are on immediate filling of top judicial vacancies, the public disclosure of recent JAC meeting minutes, establishment of an RCI to probe alleged judicial interference, and a comprehensive solution to the broader issue of judicial vacancies. However, acting chief justice Hasnah rejected the bar council's request to postpone court proceedings on that day to enable lawyers to attend the rally. This decision was communicated by deputy chief registrar of the federal court, Azhaniz Teh Azman Teh, who cited prior case scheduling and the involvement of multiple stakeholders as the reason. The decision was criticised by Lawyers for Liberty adviser Latheefa Koya, who deemed the rationale unreasonable and harmful to the relationship between the judiciary and legal fraternity. 'This is not a valid reason to reject the bar council's request. The bar or attorney general's chambers have made similar requests in the past, which were usually granted,' she said. As the appointment stalemate continues, pressure is mounting on the government and judiciary to ensure transparency, accountability, and a resolution that preserves public trust in the country's legal system. — TMR
