Latest news with #judicialappointments
Malay Mail
4 days ago
- 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
4 days ago
- 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.
Free Malaysia Today
18-07-2025
- Politics
- Free Malaysia Today
PKR can suspend us but we'll still speak up, says Rafizi
Pandan MP Rafizi Ramli and eight other MPs from PKR had called for a public inquiry into delays in the appointment of top judicial positions. PETALING JAYA : Former PKR deputy president Rafizi Ramli has fired back at calls to suspend him and eight other MPs from the party for pushing for a royal commission of inquiry (RCI) on judicial appointments and alleged interference in the judiciary. Rafizi said suspensions would do nothing to solve the underlying issues and would not deter them from fulfilling their duties as elected representatives. 'This move only reinforces the perception that PKR no longer tolerates dissent, especially when other MPs like Hassan Karim have criticised the prime minister even more harshly in the past, yet faced no consequences,' he said in a post on X. Rafizi also said that the suspensions would reduce PKR's numbers in Parliament to 22, fewer than DAP, Barisan Nasional (BN), and Gabungan Parti Sarawak (GPS). PKR currently holds 31 seats in the Dewan Rakyat. The nine MPs that the PKR division chiefs are seeking to suspend are Rafizi (Pandan); Nik Nazmi Nik Ahmad (Setiawangsa); Rodziah Ismail (Ampang); Wong Chen (Subang); Zahir Hassan (Wangsa Maju); Muhammad Bakhtiar Wan Chik (Balik Pulau); Syed Ibrahim Syed Noh (Ledang); S Kesavan (Sungai Siput), and Onn Abu Bakar (Batu Pahat). The group called for the establishment of an RCI and a hearing by a parliamentary select committee following delays in the appointment of the chief justice and Court of Appeal president, which they said amounted to a constitutional crisis. PKR 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. Rafizi today pushed back against the group's critics, reminding them that PKR was built on freedom of speech and activism, not blind loyalty or the silencing of dissent. 'We were once popular with the public because we were the fastest and loudest in championing their issues,' he said. 'That's what we 'old-timers' practised until PKR succeeded in forming the government, opening the door for new leaders, such as these division chiefs, to now hold high positions.'
Free Malaysia Today
18-07-2025
- Politics
- Free Malaysia Today
Let newly appointed judges work without questioning legitimacy, says PKR man
Sungai Petani MP Taufiq Johari said he hopes the judicial appointments end the cycle of 'politically motivated speculation and innuendo'. (Facebook pic) PETALING JAYA : PKR's Taufiq Johari today urged all quarters to let the newly appointed judges carry out their duties without questioning their legitimacy. The Sungai Petani MP took aim at Prime Minister Anwar Ibrahim's detractors for playing up the end of Tengku Maimun Tuan Mat's term as chief justice as the 'mother of all judicial scandals'. 'I hope (the judicial appointments) bring to an end the cycle of politically motivated speculation and innuendo that cast unwarranted aspersions on the integrity of the judicial appointment process. 'Some even accused the prime minister of trying to place former attorney-general and current Federal Court judge Ahmad Terrirudin Salleh as the new chief justice. 'Now that that claim has been revealed to be false, the detractors will undoubtedly try a different tactic,' he said in a statement. Justice Wan Ahmad Farid Wan Salleh was appointed as the new chief justice, taking over the post from Tengku Maimun, who retired earlier this month. The office of the chief registrar said the Yang di-Pertuan Agong had also consented to 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. Taufiq took particular aim at 'former PKR leaders like Latheefa Koya' for their role in magnifying the controversy, accusing them of forgetting the suspension and removal of Supreme Court lord president Salleh Abas from his seat in 1988. 'Indeed, then prime minister Dr Mahathir Mohamad suspended five Supreme Court judges during that real 'mother of all constitutional crises',' he said. Taufiq also pointed to the VK Lingam judicial crisis in 2007 and the 2021 suspension of Court of Appeal judge Hamid Sultan Abu Backer after he made allegations of judicial interference. 'The best thing we can do now is let the newly appointed judges carry out their duties to the best of their abilities without questioning the legitimacy of their appointments. 'Let them be judged by the wisdom of their judgments,' he said.
