THE Malay rulers’ call for the prime minister not to be involved in the appointment of Judicial Appointments Committee (JAC) members is timely, but more reforms are needed to ensure an independent judiciary, the Malaysian Bar said today.

Malaysian Bar president Karen Cheah said the government must also look into amending the JAC Act to incorporate new provisions, which will ensure there is no interference in the functioning of the judiciary.

She said the Malaysian Bar welcomed Yang di-Pertuan Besar of Negri Sembilan Tuanku Muhriz Tuanku Munawir’s proposal at the 260th meeting of the Conference of Rulers yesterday that the power to appoint JAC members should be removed from the prime minister and be handed to other institutions.

Tuanku Muhriz said such a move is needed to ensure the body’s independence and suggested that the appointments be made by other institutions with no personal interests. 

Cheah said the Malaysian Bar reiterated that the powers of the prime minister in the judicial selection and appointment process under the JAC Act be removed.

This, she said, would ensure independence of JAC to run its own affairs.

She said the parliamentary select committee on key matters be involved to provide checks and balances.  

“The current call for JAC reforms is timely indeed,” she said in a statement.

“These reforms will be necessary to uphold the independence of the judiciary.

“The Malaysian Bar takes this opportunity to renew our call for amendments to the JAC Act, where the review of provisions on representation of the stakeholders should be done by legal practitioners and the attorney-general.”

Cheah said the overall composition of JAC should also reflect diversity and inclusivity, and as far as possible, mirror the demography of the general population in every aspect.

“This means an inclusion of the wide spectrum of Malaysia’s rich multicultural and multireligious population, and a reflection of a good balance of the genders and professional practice areas,” she said. 

“If the composition of JAC is reflective of our Malaysian society, it would enhance public confidence and acceptance of the decisions made by the judiciary because these judges would essentially be representing and making decisions affecting the lives of all Malaysians.”

She said the Malaysian Bar has consistently called for the decentralisation of the power of the executive in key aspects of the judicial appointment process.  

She noted that an example of the power of the executive in such appointments is reflected in section 5 of the JAC Act, which stipulates that five out of the nine members of JAC – a Federal Court judge and four eminent persons – are appointed by the prime minister.  

Cheah said the selection of eminent persons leaves open the possibility that former members of the executive and public service, members of parliament and other politicians may sit on the JAC, and the Malaysian Bar reiterates that such possibility of appointments ought to be expressly excluded. 

“In recent practice, while the process of consultation is carried out, as provided for under section 5(f) of the JAC Act, the expressed and written views or objections of the Bar Council on the suitability of candidates have never been translated into actuality,” she said.  

“The views sought, therefore, appear to be no more than an exercise of dressing rather than that of substance.” – December 1, 2022.