THREE former Court of Appeal judges and a law professor have been appointed as members of the Judicial Appointments Commission (JAC) for a two-year period.

The appointments by the prime minister of former judges Mah Weng Kwai, Hishamudin Yunus and Linton Albert, and constitutional law expert Dr Shad Saleem Faruqi were made on September 4, Mah told The Malaysian Insight.

Mah is a former president of the Malaysian Bar, and currently commissioner of the Malaysian Human Rights Commission (Suhakam).

Hishamudin is known for having made landmark decisions that upheld fundamental and personal liberties in cases involving the now-repealed Internal Security Act.

In 2015, he famously sided with transgender men on their rights to cross-dress as women on the basis of equality, as the law does not punish women who dress like the opposite sex.

Albert is known for declaring Section 15(5)(a) of the Universities and University Colleges Act 1971, or Act 30, as unconstitutional.

He held that students at Malaysian universities could participate in politics, and that the law prohibiting them from doing so was unconstitutional.

Shad, an emeritus professor, is Tunku Abdul Rahman chair at Universiti Malaya’s Faculty of Law. He is a newspaper columnist, and a highly sought-after commentator on legal and constitutional issues.

JAC is chaired by Chief Justice Richard Malanjum, who was sworn in to the top post in July.

Mah said the four new members replace those whose appointments have been revoked by the prime minister.

According to the JAC website, current commission members appointed by the prime minister are Federal Court judge Azahar Mohamed, former chief justice Arifin Zakaria, former Court of Appeal judge Anantham Kasinather, former Sarawak attorney-general Abdul Razak Tready and UM Faculty of Law’s Dr Choong Yeow Choy.

JAC was established in 2009 to ensure the unbiased selection of judicial candidates for the consideration of the prime minister.

Mah said commission members are tasked with ensuring that the appointment of judges to the superior courts is based on merit, seniority and knowledge of the law.

“Judges should possess good judicial temperament, and there should be diversity on the bench.

“In selecting and promoting judges, the commission takes into consideration various criteria, including the ability of the candidates to write reasoned judgments.

“The judiciary must at all times remain corruption-free. That requirement is singularly the most important.”

Section 21(1) of the JAC Act 2009 gives the commission the power to appoint judges to the high court, Court of Appeal and Federal Court.

Mah said under the act, JAC does not deal with the appointments and promotions of magistrates and sessions court judges.

“The commission can make recommendations to the government on matters related to the administration of the superior courts.”

He added that it is imperative for the Malaysian judiciary to be transparent and accountable, to deliver justice for all. – September 17, 2018.