Latest news with #judicialappointments
Free Malaysia Today
a day ago
- Politics
- Free Malaysia Today
8 judges promoted, 14 JCs confirmed as judges, say sources
Eight High Court judges and 14 judicial commissioners will receive their appointment letters from the Yang di-Pertuan Agong, Sultan Ibrahim, today. PETALING JAYA : Eight High Court judges will be elevated to the Court of Appeal, while 14 judicial commissioners will be confirmed as High Court judges, according to sources. Those named to the Court of Appeal are believed to be Justices Shahnaz Sulaiman, Evrol Mariette Peters, Ong Chee Kwan, Radzi Abdul Hamid, Leonard David Shim, Nadzarin Wok Nordin, Meor Hashimi Abdul Hamid and K Muniandy. The judicial commissioners promoted as High Court judges are expected to be Justices Maslinda @ Linda Ainal, Faridz Gohim Abdullah, Choong Yew Choy, Saiful Azian Mokhtar, Evawani Farisyta Mohamad, S Indra Nehru, M Sumathi, Moses Susayan, Kan Weng Hin, Wendy Ooi, Rosli Yusoff, Hazlina Hussain, Roszianayati Ahmad and Haldar Abdul Aziz. They are expected to receive their letters of appointment from the Yang di-Pertuan Agong at Istana Negara today, as will the new chief justice Wan Ahmad Farid Wan Salleh, Court of Appeal president Abu Bakar Jais and the new chief judge of Sabah and Sarawak, Azizah Nawawi. Under the Federal Constitution, judicial appointments are made by the king, on the advice of the prime minister and in consultation with the Conference of Rulers. Names of potential candidates are submitted to the prime minister by the nine-member judicial appointments commission, chaired by the chief justice of Malaysia. Wan Ahmad Farid will be Malaysia's 17th chief justice, succeeding Tengku Maimun Tuan Mat who retired earlier this month. Abu Bakar Jais replaces Abang Iskandar Abang Hashim, who retired on July 2, and Azizah replaces Abdul Rahman Sebli, who left office last week. Wan Ahmad Farid, as the nation's top judge, would take his oath of office before the king, while Abu Bakar will take his oath of office in Putrajaya before senior Court of Appeal judge P Ravinthran, while Azizah will do so before Justice Dean Wayne Daly, the most senior judge in Sabah and Sarawak. The Court of Appeal appointees will be sworn in before Abu Bakar in Putrajaya; High Court judges assigned to the peninsula will take their oath before Hasnah, while those on the bench in Sabah and Sarawak will be sworn in before Azizah.
Malay Mail
2 days ago
- Politics
- Malay Mail
Malaysia gets first woman Chief Judge of Sabah and Sarawak, fills all top judicial posts
PUTRAJAYA, July 28 — Federal Court judge Datuk Abu Bakar Jais was sworn in today as the President of the Court of Appeal (PCA), while Court of Appeal judge Datuk Azizah Nawawi became the first woman to become the Chief Judge of Sabah and Sarawak (CJSS). The two took their oath of office and loyalty during a ceremony at the Palace of Justice here. Earlier in the morning, Datuk Wan Ahmad Farid Wan Salleh was appointed and sworn in as the Chief Justice (CJ) of Malaysia at Istana Negara. Tan Sri Hasnah Mohammed Hashim will continue on as Chief Judge of Malaya until her retirement in November; she was elevated to the judiciary's third-highest position last November. With these appointments, all four of Malaysia's top judicial positions have now been filled following the retirement of the previous CJ, PCA and CJSS earlier this month. This afternoon, six individuals were appointed as Court of Appeal judges, namely Shahnaz Sulaiman, Datin Evrol Mariette Peters, Ong Chee Kwan, Datuk Mohd Radzi Abdul Hamid, Leonard David Shim, and Nadzarin Wok Nordin. Fourteen judicial commissioners were also elevated to High Court judges today, including Maslinda @ Linda Mohd Ainal, Datuk Faridz Gohim Abdullah, Choong Yeow Choy, Saiful Azian Mokhtar, Evawani Farisyta Mohamad and Indra Nehru Savandiah. Others appointed as High Court judges are Sumathi Murugiah, Moses Susayan, Kan Weng Hin, Wendy Ooi Su Ghee, Mohd Rosli Yusoff, Hazlina Hussain, Roszianayati Ahmad and Mohamad Haldar Abdul Aziz. Among those present at the oath-taking ceremony were former chief justices Tun Tengku Maimun Tuan Mat, Tun Md Raus Sharif and Tun Arifin Zakaria, as well as Malaysian Bar president Mohamad Ezri Abdul Wahab.
Malay Mail
21-07-2025
- Politics
- Malay Mail
Simplified: How judges are selected in Malaysia vs UK, Australia, Singapore, India
KUALA LUMPUR, July 22 — Amid recent controversy over the selection of new top-ranking judges in Malaysia, the government has launched a new study to compare how judges are appointed in the UK, Australia, India, and Singapore. Here's a simplified comparison of how judges are selected and appointed in these five Commonwealth countries, some of which have an independent body called a Judicial Appointments Commission (JAC). Malaysia (Has JAC) Malaysia has a nine-member JAC chaired by the Chief Justice, with the other members being the other top three judges, and five members appointed by the prime minister (a Federal Court judge and four eminent persons). There is a two-step process now, namely selection and then appointment: Step 1: The Judicial Appointments Commission (JAC) filters and selects candidates based on merit, then recommends names to the prime minister. (Judicial Appointments Commission Act 2009). Note: Under the JAC Act, the PM can ask the JAC for two alternative names (for vacancies for the top four judges, Federal Court and Court of Appeal). Under the same law, the PM does not need to give any reason for rejecting the names, and there is no limit on how many times the PM can ask for other names. Step 2: After accepting JAC's recommendations, the prime minister submits the names to the Yang di-Pertuan Agong. The Agong then appoints judges based on the prime minister's advice and after consulting the Conference of Rulers (Federal Constitution's Article 122B). The JAC, introduced in 2009, is a step forward for Malaysia as there are now written criteria and written procedures for a person to be selected as judge. The JAC also sends candidates' names for background checks by five agencies: the police, the anti-corruption body, the companies commission, the insolvency department, and the tax authority. The JAC, introduced in 2009, is a step forward for Malaysia as there are now written criteria and written procedures for a person to be selected as judge. — Picture by Raymond Manuel UK (Has JACs) After the UK's constitutional reforms in 2005, there are now three bodies involved in selecting and recommending potential judges (the JAC for England and Wales; Northern Ireland's JAC and the Judicial Appointments Board for Scotland). Looking specifically at England and Wales, the 15-member JAC is chaired by a layperson, with six judicial members, two professional members, five laypersons, and one non-legally qualified judicial member. The JAC's role is to select candidates on merit, having good character, and to encourage diversity in the range of available candidates. The JAC has a detailed list of items that a candidate has to declare when applying to be a judge (such as criminal convictions, traffic offences, being bankrupt, tax issues) to assess if they are of 'good character', and will also carry out character checks with professional regulatory bodies and the authorities such as for insolvency and tax. The JAC selects judges up to the High Court level, while the JAC would also be part of independent selection panels to select higher-ranking judges or judges at the higher courts. Generally, the Lord Chancellor (who is a Cabinet minister) may accept the JAC's recommendations, and has limited powers to reject or ask for reconsideration of recommended candidates. Generally, the King will appoint judges on the recommendation of the Lord Chancellor, based on the recommendation by the JAC or an independent selection panel. For certain positions such as Supreme Court judges, the Lord Chancellor's recommendation — based on the panel's recommendation — would go to the prime minister, and the prime minister would advise the King on the appointment. Australia (No JAC) Under Australia's Constitution, the Governor-General 'in Council' appoints judges. (The Governor-General is the head of state, a role that is played by the Agong in Malaysia and the King in the UK.) This means that the Governor-General appoints judges on the advice of the prime minister and Cabinet. The Attorney-General (who is part of Cabinet) makes recommendations to the Australian government on who should be appointed as judges. For the appointment of High Court judges, the federal Attorney-General is required by law to consult with the attorney-general of the states in Australia. The Attorney-General's website states that the Australian government's process for appointing judges 'may include' advertising, consulting with the legal professional community to request nominations, and getting advisory panels to assess candidates and give recommendations to the Attorney-General. The website also lists the personal and professional qualities that a judge should have, including outstanding legal expertise; excellent written communication skills; temperament, integrity, impartiality, tact and courtesy. Singapore (No JAC) Under Singapore's constitution, the President appoints judges on the prime minister's advice, if he agrees with the prime minister's advice. Before giving his advice to the President, Singapore's prime minister 'must consult' the Chief Justice on appointments of judges (except for the appointment of the Chief Justice). India (Had JAC for a few months) After amending its Constitution and creating a new law in 2014, India introduced the National Judicial Appointments Commission (NJAC) — which had the duty of recommending individuals 'of ability and integrity' for the President to appoint as judges. The NJAC was meant to be a six-member panel, chaired by the Chief Justice of India, two senior Supreme Court judges, the minister in charge of law and justice, two eminent persons. (A three-member committee comprising the CJ, the prime minister, the Opposition Leader would nominate the NJAC's two eminent persons, with one of the eminent persons required to be a woman or from a minority or marginalised group.) But just months after the constitutional amendment and the NJAC Act came into effect in April 2015, India's highest court, the Supreme Court, in October 2015 struck down both laws as unconstitutional. India then returned to using its existing 'collegium' system, which is where a group of senior judges select and recommend candidates for the President to appoint. For example, to appoint new Supreme Court judges, there would be a collegium of five judges (the Chief Justice and the four most senior Supreme Court judges), who would give their recommended names via the Chief Justice to India's government. The Chief Justice would give the recommendation to the law minister, who would then forward the recommendation to the prime minister to advise the President on the appointment of the new judges. To JAC or not? Like Malaysia, the four other countries we are looking at are members of the 56-member Commonwealth. In the UK-based Bingham Centre for the Rule of Law's 2015 report on the best practices for appointing judges in the Commonwealth, it was found that it is now 'uncommon' for only the executive branch of government to be responsible for appointing judges. At that time, the report found that 18.7 per cent (nine out of 48 independent Commonwealth jurisdictions such as Australia and Singapore) was where the executive was solely responsible for judicial appointments, while 81.3 per cent (39 out of 48 such as India, Malaysia, UK) had a JAC. This figure will now be 38 out of 48 as India has scrapped its JAC, but the 2015 report had noted that a number of countries, which established JACs in relatively quick succession (including the UK, the Maldives, Pakistan and Malaysia) after 2003 showed a 'clear trend' favouring JACs. Recommended reading:
Free Malaysia Today
21-07-2025
- Politics
- Free Malaysia Today
Anwar brushes aside furore over judicial appointments
Prime Minister Anwar Ibrahim said he was repeatedly criticised last week over the issue of judicial appointments when he was merely allowing the constitutional process to proceed. (Bernama pic) PETALING JAYA : Prime Minister Anwar Ibrahim today brushed aside the recent furore over his alleged interference in the appointment of judges, saying the episode has been conclusively resolved following an official announcement made last week. Commenting on accusations that he was interfering in the appointment of judges, Anwar said these may have stemmed from 'false information' coming out from the judiciary. 'I believe that there have been elements within the judiciary who leaked and spread these false stories. Never mind, that's their problem,' he was quoted as saying by Sinar Harian. However, he played down the matter, saying the controversy had since dissipated. 'Alhamdulillah, no one is saying anything now, though I was repeatedly criticised last week. Now it has all been resolved,' he said. A document allegedly containing excerpts from the Judicial Appointments Commission's (JAC) May meeting minutes went viral earlier this month, suggesting that then chief justice Tengku Maimun Tuan Mat had raised concerns about the integrity of a superior court judge. Claims were made that the judge in question had once attempted to influence the outcome of a case in favour of a specific party, and had sought the transfer of a fellow judge for holding a differing view. An aide to the judge filed a police report urging the authorities to investigate how the information was leaked. Police are probing the alleged leak under the Official Secrets Act and two other laws. On June 30, Anwar said there appeared to be a campaign to pressure the government to either extend or end specific tenures, which he warned could politicise institutions meant to remain independent. Justice Wan Ahmad Farid Wan Salleh was named the new chief justice last week, and is expected to take over the post on a permanent basis beginning July 28. Justice Abu Bakar Jais was appointed Court of Appeal president, while Justice Azizah Nawawi was made chief judge of Sabah and Sarawak. Candidate for judicial posts presented much earlier Anwar said he had proposed the appointment of Wan Ahmad Farid as chief justice much earlier, denying rumours of a last-minute change in candidate. He also said he had proposed the appointments of eight Court of Appeal and 14 High Court judges about two months ago. The prime minister said certain parties understood the constitutional process of judicial appointments but chose to twist the facts and mislead others. 'The candidate's name was presented (to the king) earlier, before all the 'noise' surfaced. We were just waiting for the Conference of Rulers to meet on July 15 and July 16. 'Everything was according to the set process. No one can preempt the Agong or the consultations with the Conference of Rulers,' he said. Anwar also cited Article 122B of the constitution, which states that judicial appointments are made by the Yang di-Pertuan Agong on the advice of the prime minister after consultation with the Conference of Rulers.
Free Malaysia Today
18-07-2025
- Politics
- Free Malaysia Today
Anwar urges PKR members to ‘move on' from dispute over judicial appointments
Information chief Fahmi Fadzil said PKR president Anwar Ibrahim has urged party members and branch leaders to respect those with differing opinions and move forward together to strengthen the party. (Bernama pic) SHAH ALAM : PKR president Anwar Ibrahim has urged party members to 'move on' and stop focusing on differences of opinion among its elected representatives regarding judicial appointments. PKR information chief Fahmi Fadzil said Anwar conveyed this message during a closed-door meeting with Selangor PKR leaders here today. Fahmi said Anwar, who is also the prime minister, said he had no intention of taking disciplinary action against PKR MPs who held differing views on the matter. 'They have the right to express their views, and Anwar has asked division leaders and PKR members to understand this and 'move on',' he told reporters after the meeting. Last week, 19 PKR divisions in Johor called for Rafizi Ramli and eight other PKR MPs to be suspended after the group called for the establishment of a royal commission of inquiry, and a hearing by a parliamentary select committee, following delays in the appointment of top judicial positions. The nine MPs claimed the matter amounted to a constitutional crisis, an allegation which the Attorney-General's Chambers denied. The AGC also dismissed the call for an RCI, stating that the appointment process was proceeding at the time in accordance with the Federal Constitution. The division chiefs said the MPs' actions not only breached party discipline and ethics, but also cast a negative light on the prime minister's leadership and opened the door to political manipulation by rivals. In a statement yesterday, the office of the chief registrar said the Yang di-Pertuan Agong had consented to Wan Ahmad Farid Wan Salleh's appointment as the chief justice, Abu Bakar Jais's appointment as president of the Court of Appeal, and Azizah Nawawi's appointment as chief judge of Sabah and Sarawak. They will be sworn in and presented with their letters of appointment at Istana Negara on July 28. Fahmi, who is the communications minister, also said that appointments for positions in PKR's state leadership councils will be finalised by the end of this month.
