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Thursday, April 10, 2025

Malaysian Bar to appear in court over challenge against JAC’s legality

 

Malaysian Bar Presiden Mohamad Ezri Abdul Wahab
Bar president Ezri Abdul Wahab said the legal challenge should be approached calmly without sensationalism.

PETALING JAYA
The Malaysian Bar has announced its intention to appear in legal proceedings initiated by a lawyer who is challenging the constitutionality of the Judicial Appointments Commission (JAC) Act 2009 in court.

The Bar’s participation aligns with its commitment to preserving constitutional order and judicial independence, said its president, Ezri Abdul Wahab.

This comes after lawyer Syed Amir Syakib Arsalan Syed Ibrahim filed the suit, which challenges the validity of the process defined by Parliament for the recommendation of candidates for appointment as superior court judges and their promotion within the judicial hierarchy.

This case will be heard in the Kuala Lumpur High Court, with a case management scheduled for April 22.

In a statement today, Ezri reaffirmed that the Malaysian Bar will continue to work with the government on the reforms to the JAC Act it has long advocated for.

He said the Malaysian Bar stands ready to cooperate in genuine consultations, intervene when judicial independence is threatened, and defend it when necessary.

“As part of our recent efforts, the Bar Council civil law and law reform committee is finalising a comprehensive suite of proposed amendments, which will be submitted as part of our consultative engagement with the government,” he said.

He also said the legal challenge should be approached calmly without sensationalism, in line with transparency, constitutional fidelity, and respect for judicial independence.

“This legal challenge, while raising fundamental constitutional questions, also underscores the basic right of every citizen to seek judicial pronouncements on constitutional questions of public importance,” he said.

Ezri also said the Bar acknowledges Prime Minister Anwar Ibrahim’s assurance that the government would defend the JAC Act in court.

“This assurance is vital in preserving public confidence in the separation of powers and the integrity of the legal system,” he said. - FMT

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