'JAC recommendations should go straight to Agong'

Recommendations by the Judicial Appointments Commission (JAC) should be sent directly to the Yang di-Pertuan Agong, said former Bar Council president Param Cumaraswamy.

This bypasses the prime minister to ensure transparency and the judiciary's independence, especially in light of controversy over former judge Mohd Hishamudin Mohd Yunus' promotion.

“While the JAC established in Malaysia in 2009 under legislation has all the attributes of an independent mechanism, yet the same legislation does not state expressly that the prime minister must accept the names recommended by the commission for submission to the Agong for appointments or promotions.

“In the light of the recent controversy over the promotion of Justice Hishamudin, judicial independence would be better secured if the commission makes recommendations directly to the Agong rather than to the prime minister.

“Of course, this would require a constitutional amendment,” he said in a speech in Kuala Lumpur today.

He was speaking at a conference hosted by the Malaysian Anti-Corruption Commission (MACC) themed 'Putting ethics to work in business and government'.

Speaking to reporters later, Param stressed that members of the public should know how judicial appointments and promotions were made.

Under the current system, he said it was unclear whether the prime minister was bound to accept the JAC's recommendations or he had his own advisers who advised against them.

Overlooked for promotion

“I think the public should be made aware, exactly, how the procedure functions, how the system functions and whether the prime minister accepts the recommendations from the commision. Or does he not? We do not know,” he said.

He added that a similar mechanism for bypassing the prime minister should also apply to appointments for the post of attorney-general.

Hishamudin, who retired in September as a Court of Appeal judge, had made many landmark decisions.

In an interview, he revealed to Malaysiakini that the JAC had recommended for his promotion to the Federal Court in 2013 but Prime Minister Najib Abdul Razak had blocked this.

Hishamudin had been passed up for promotion at least three times in his career. The government has not given any direct answers on the reasons why. -Mkini