No formal proposal from JAC to amend judicial appointment law

In 2018, the Malaysian Bar submitted a working paper to the government for a review of the JAC Act over concerns that the process of appointing judges was not free from the influence of the executive.

PETALING JAYA: 

The Judicial Appointments Commission (JAC) has yet to submit a formal proposal for amendments to the JAC Act 2009, says law and institutional reform minister Azalina Othman Said.

Azalina acknowledged calls for amendments, particularly over the prime minister’s role in appointing members of the commission.

However, the minister said the matter would need thorough study as it would involve amending the Federal Constitution.

“Besides that, any proposal to amend the act would take into consideration the views of all stakeholders.

“As of now, the JAC, an independent body, has not made an official proposal to the government regarding proposed amendments to the act,” she said in a written Dewan Rakyat reply.

The JAC comprises nine members – four top judicial administrators led by the chief justice, as well as a senior Federal Court judge and four other eminent persons who are appointed by the prime minister.

In 2022, the Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, said the prime minister should not be allowed to appoint anyone to the JAC.

Tuanku Muhriz suggested that the authority to appoint the five JAC members be given to the Malaysian Bar, the Sabah Law Society, the Advocates Association of Sarawak, and a Dewan Rakyat committee.

In 2018, the Bar submitted a working paper to the government for a review of the JAC Act over concerns that the process of appointing judges was not free from the influence of the executive. - FMT