Conduct comprehensive studies on impact of JAC Act amendment
SHAH ALAM - Comprehensive studies on the impact of the proposed amendment to the Judicial Appointments Commission (JAC) Act 2009, must be carried out.
Lawyer Fatihah Jamhari said dynamics within the legal fraternity as well as the judiciary must be taken into account to amend the Act.
“When this is done and there is a support to proceed, legal frameworks have to be amended to support the change,” she told Sinar Daily.
She was commenting on the Conference of Rulers’ proposal on the removal of the prime minister’s power in the judicial selection and appointment process of five of the JAC members under the Act. JAC is a panel which nominates prospective judges in the superior courts.
Following a meeting by rulers chaired by Yang Dipertuan Besar of Negeri Sembilan Tuanku Muhriz Tuanku Munawir, yesterday, it was also proposed that instead the responsibility to appoint its members is given to other institutions such as the Malaysian Bar, Sabah Law Association, the Advocates Association of Sarawak and the parliamentary select committee (PSC).
Fatihah said although she understood that such suggestion was made to keep a clearer balance in the separation of powers, she was concerned.
"Wouldn't it be ironic for a judicial member to be appointed by associations of legal practitioners?
"My concern is if the JAC is appointed by associations for legal practitioners in the peninsula, Sabah and Sarawak, there could create a disruption in practice as presently the role of legal associations is merely to provide recommendation to the party that does the actual appointment.
"The power dynamics within the legal fraternity must be looked into to fully comprehend and appreciate the viability of this suggestion," she said.
She noted that among the most prominent functions of JAC were firstly to select “suitably qualified persons” who has merit appointment as superior court judges for the Prime Minister's consideration, and secondly, a function less discussed about which was to review and recommend programmes to improve the administration of justice, as well as other recommendations for the judiciary.
She also said that effective credence should be accorded to the PSC instead or to concentrate more on the role of the Conference of Rulers with the legal associations merely continuing with recommendions to PSC.
Meanwhile, lawyer Dr Syed Iskandar Syed Jaafar Al Mahdzar said the Federal Constitution should be amended to incorporate crucial articles on JAC thereby possibly doing away the idea of PSC to ensure that the independence of the judiciary is maintained.
"We have a new government, a unity government, and we want to move forward, so we (legal practitioners) need to assist and help the Conference of Rulers, and I’m sure our new Prime Minister will lead as well, and we should prepare properly," he said.
The JAC comprised nine members, four of whom are judges of the superior courts in the country, while the remaining five were individuals appointed by the prime minister.
The Malaysian Bar has also called for the amendments to the JAC Act to ensure greater independence of the judiciary.
It reiterated that the power of the Prime Minister in the judicial selection and appointment process under Act should be removed, to ensure the independence of the commission to run its own affairs, with the possibility of involvement by a parliamentary select committee to provide checks and balance.
