Ampun Tuanku. Now Let's See If It Happens.

 

Negri Sembilan Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir chairs the 260th meeting of the Conference of Rulers at Istana Negara, November 29, 2022. — Bernama 

By Ida Lim
Wednesday, 30 Nov 2022

KL Nov 30 — Negri Sembilan Ruler proposed removal of PM’s role in appointing members of the Judicial Appointments Commission (JAC), a panel which nominates prospective new judges.

Stressing the importance of ensuring the independence of enforcement agencies and the judiciary from external influence in carrying out their duties, Negri Sembilan Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir said the current process of appointing judges in Malaysia has weaknesses that can be improved.

The Ruler noted that JAC plays role of proposing judicial nominations and JAC membership was critical to ensuring it is capable of presenting the name of judges with integrity and of a high calibre.

JAC has nine members, four of whom are the most senior judges in Malaysia, while the remaining five are individuals appointed by the prime minister.

“To ensure the JAC is free in carrying out its responsibilities, I propose that the appointment of the five JAC members not be made by the prime minister. Instead, be given to several other institutions such as the Malaysian Bar, the Sabah Law Society, the Advocates Association of Sarawak and Parliament Select Committee.

“With such a method, the JAC membership will be more balanced, and will not carry the interests of any quarters,” the state Ruler said today 

“If all these are carried out, I am confident the JAC will be capable of carrying out its responsibilities more effectively and resulting in the selection and appointment of judges in Malaysia being from individuals who are of noble character, transparent and just,” the Ruler said.

Among other things, the Negri Sembilan Ruler also urged the new federal government to cultivate the “spirit of togetherness” among multireligious, multiracial, and multicultural Malaysians.

“I hope there will be no more leaders who raise racial or religious issues with the intention of inciting the public,” the Ruler said

My Comments : HRH the Ruler of Negeri Sembilan has made a useful suggestion. Useful for the continued evolution of a democratic society.  The selection of the FIVE other members of the JAC should be made by a wider range of people and not just by the Prime Minister alone. The JAC then nominates names of new Judges.

Now lets see if it happens. Despite being mentioned quite specifically so far there has been no comment or reply. 

May I also reiterate my earlier suggestion that the heads or chiefs of important and extremely powerful institutions which have investigation and enforcement powers (State sanctioned use of force) like the SPRM (MACC), Police, Immigration, Customs, Bank Negara Malaysia, the Chief of the Armed Forces, the Chief Justice and the Attorney General   present regular report cards (at least twice a year) to Parliament. 

A public hearing in front of a Parliamentary Select Committee made up of multi-party and independent Members of Parliament will go a very, very long way to keep our public servants on their tippy toes.   

As I said before the legal immunity that protects all these office bearers in doing their jobs should not be infringed in any way. Otherwise nobody will want to become the AG or the IGP. 

But publicly presenting regular performance reports to a Parliamentary Committee will not only improve the professionalism and the efficiency of our public servants but it will also push our democracy to much greater heights. We will become a shining example.

If you will kindly notice at the very top right hand corner of this page screen I have introduced a new image - that of the "Laughing Lion". 

I think that lion is going to be laughing a lot over the coming days. And that lion will be laughing at you.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.