PETALING JAYA: Recruitments, promotions and disciplinary matters involving legal officers have been put on hold as no new chairman has been appointed to the commission that governs them, a source said.
The source said the judicial and legal service commission (JLSC) has been unable since July last year to hold its usual quarterly meetings which deliberate and decide on matters relating to the livelihood of its officers.
Among the legal officers that fall under the purview of the JLSC are sessions court judges and magistrates, deputy and senior assistant registrars, and deputy public prosecutors and federal counsel attached to the Attorney-General’s Chambers (AGC).
“There is a possibility that some may leave service to become lawyers or join the private sector, which can pay them handsomely.
“Such a brain drain would be a great loss to the people and the nation,” said the source.
The chairman of the public services commission (PSC) doubles up as JLSC chairman.
Former PSC chairman Zainal Rahim Seman’s tenure ended on July 24 last year.
Under Article 139(4) of the Federal Constitution, the PSC chairman is appointed by the Yang di-Pertuan Agong on the advice of the prime minister, after consulting with the Conference of Rulers.
However, the appointment of the PSC chairman was not on the agenda when the Rulers met last month.
Article 138 of the constitution states that the attorney-general and superior court judges appointed by the king after consultation with the chief justice, also sit on the JLSC.
The JLSC currently has seven judges among its members.
However, the constitution does not provide for a deputy chairman and is silent as to whether any other member can chair a meeting.
“Without a chairman, the JLSC cannot appoint, confirm and emplace anyone on a pensionable or permanent basis, or exercise disciplinary control over employees, as stated under Article 144,” the source added. - FMT
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