LAWMAKERS should not be in any position to influence the appointment of judges as it would go against the principle of separation of powers, said former Malaysian Bar president Ambiga Sreenevasan.

Ambiga said at the Putrajaya Federal Court today that an independent Judicial Appointments Commission (JAC) should be formed as a constitutional body to oversee the appointment and promotion of senior judges. 

“Parliament should not interfere in the appointment of judges as that violates the doctrine of separation of powers,” she said, referring to the checks and balances system whereby the three branches of government – executive, legislature and judiciary – are separate but hold equal power. 

Ambiga, who is a member of the Institutional Reform Committee (IRC), called on Prime Minister Dr Mahathir Mohamad to reconsider his proposal to allow Parliament to appoint judges before names are submitted to the Agong. 

She recommended that the Federal Constitution be amended to form the JAC, which would require the support of the opposition as the ruling Pakatan Harapan government does not control two-thirds majority in Parliament. 

“It would be in the government and opposition BN’s interest to ensure judges are independent by amending the Constitution to make JAC a constitutional body,” Ambiga said.

“The opposition should support such an amendment to accept the recommendations of the JAC,” she said. 

Dr Mahathir had said at the monthly assembly of the Prime Minister’s Department yesterday that a Parliamentary Select Committee would vet candidates for judicial positions before their names are submitted to the king.

Meanwhile, Ambiga called on the government to make public the findings of the IRC, whose report was submitted to the cabinet in July. 

The report contains recommendations for reforming Parliament, elections, the judiciary, enforcement agencies, media and human rights laws. – October 11, 2018.