LAWYERS for Liberty (LFL) today told Prime Minister Anwar Ibrahim to table a bill to amend article 122B of the Federal Constitution to remove his powers to advise the Yang Di-Pertuan Agong on whom to appoint to the Federal Court, the Court of Appeal, and High Courts. 

The human rights and law reform civil society organisation, in a statement, also said the Judicial Appointment Commission (JAC) Act 2009 should be amended at the first sitting of the new parliament beginning on December 19. 

Zaid Malek, a LFL director, said while the organisation welcomed the Conference of Rulers proposal yesterday to remove the prime minister’s power to appoint five representatives to the nine-member JAC, just taking away the power would not ensure judicial independence and real separation of powers. 

“The current system where the prime minister appoints the majority of the members of the JAC gives him substantial influence on the JAC. 

“However, just taking away the prime minister’s power to appoint members of the JAC will not ensure judicial independence and real separation of powers. 

“Under article 122B of the constitution, the prime minister still retains the ultimate power to advise the king on whom to appoint to the Federal Court, Court of Appeal and High Courts. 

“In short, the prime minister need not accept the recommendations of the JAC,” Zaid said. 

He said “this great influence of the executive” over the judiciary must be entirely removed to ensure judicial independence and integrity. 

Zaid added that there was no reason for a “reformist” prime minister to delay these crucial measures. He pointed out that Anwar’s new coalition government has the two-thirds majority in parliament required to amend the constitution to entirely remove the prime minister’s role in appointing judges and allow the JAC to advise the king directly. 

“New prime minister Anwar Ibrahim and Pakatan Harapan have long promised to uphold democracy and rule of law, and institute wide-ranging reform if they capture federal power. 

“Now is the time to walk the talk.” – December 1, 2022.