Govt must amend JAC Act to protect judicial independence

The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) supports the call made by members of the Bar Council on Dec 19 that the Judicial Appointments Commission Act 2009 (JAC) should be amended.

This is to ensure the prime minister is required to carry out the JAC’s recommendations.

At present, the prime minister has the power to appoint members to the JAC and judiciary and is not bound by the advice of the chief justice.

He also has the power to reject the chief justice and JAC’s recommendations, which means the prime minister has absolute power to select names to be sent to the Yang di-Pertuan Agong and the Conference of Rulers.

The executive, legislative and judiciary should be independent as required by the Federal Constitution.

The absolute power given to the prime minister for judicial appointments appears to encroach on judicial independence and this power should, in fact, be with the chief justice to advise the Agong on judicial appointments.

‘Remember your promise’

MCCBCHST also recollects that Pakatan Harapan had promised before the last general election to bring reforms to make the judiciary independent.

The coalition also promised to separate the positions of the attorney-general and the solicitor-general.

Therefore, the MCCBCHST calls upon the government to remain true to its promise and carry out these much-needed reforms urgently.

Moreover, the present position of the prime minister having absolute power to recommend names for judicial appointments to the Agong may create a perception of loyalists being appointed, which would not be good for the judiciary’s image. - Mkini

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THE MALAYSIAN CONSULTATIVE COUNCIL OF BUDDHISM, CHRISTIANITY, HINDUISM, SIKHISM AND TAOISM (MCCBCHST) is a non-profit interfaith organisation formed in 1983.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.