MCCBCHST-Judicial Appointments Commission should be amended

Date: 20 December 2024

JUDICIAL APPOINTMENT’S COMMISSION ACT 2009 SHOULD BE AMENDED TO GIVE POWER TO THE CHIEF JUSTICE ON JUDICIAL APPOINTMENTS

1. The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism & Taoism (MCCBCHST) supports the call made by members of the Bar Council forum yesterday (Dec. 19, 2024) that the Judicial Appointments Commission Act 2009 (JAC) should be amended so that 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 is not bound by the advice of the Chief Justice or the JAC. He has also power to reject the chief Justice and JAC’S recommendations meaning that the Prime Minister has absolute power to select names to be sent to the Yang Di-Pertuan Agong and the conference of Rulers.
    
2. 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 into the Judicial independence and this power should in fact be with the Chief Justice to advise the Yang Di-Pertuan Agong on Judicial appointments
    
3. The MCCBCHST also recollects that the Pakatan Harapan had promised before the last general election to bring reforms to make the Judiciary independent and to separate the positions of the Attorney General and the Solicitor General. Therefore, the MCCBCHST calls upon the Government to remain true to their promise and carry out these much needed reforms on an urgent basis. Moreover, the present position of the Prime Minister having absolute power to recommend names for judicial appointments to the Yang Di-Pertuan Agong may create perception of loyalists being appointed (although this may not be so), which would not be good for Judiciary’s image.

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