‘JAC non-binding on judge picks'
The Minister in the Prime Minister's Department (Law and Institutional Reform) said the Act's main role is to screen, evaluate and recommend candidates to the Prime Minister, while appointments to the Federal Court, Court of Appeal and High Court must still follow Article 122B of the Federal Constitution.
'The JAC Act is not a final step in the appointment process.
'It only recommends names, and these recommendations are not binding.
'For JAC's role to be legally binding, the Constitution would need to be amended,' she told reporters after officiating the 22nd Pengerang UMNO Division Delegates Meeting yesterday.
Azalina also cited a previous explanation by former Minister in the Prime Minister's Department, Datuk Seri Nazri Aziz, who clarified in Parliament that the JAC Act is an administrative provision and does not have binding legal effect.
On the planned march by the Malaysian Bar today, Azalina said it is within their democratic right, as long as it is carried out professionally and within the boundaries of the law.
'If they want to march, that is their right.
'As lawyers, I believe most of them are professionals who understand Article 122B (of the Federal Constitution) and the JAC Act 2009,' she said, Bernama reported.
Azalina also said that the appointment of a new Chief Justice will only be decided after the 269th Conference of Rulers, scheduled to be held from July 15 to 17.
Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is exercising the powers and duties of the office of the Chief Justice (including those under the Constitution) until the position is filled.
This is in accordance with Article 131A of the Federal Constitution, as well as paragraph 9(1)(b) and subsection 9(3) of the Courts of Judicature Act 1964, to ensure continuity in the administration of justice in the country.
The Chief Justice position became vacant following the mandatory retirement of Tun Tengku Maimun Tuan Mat on July 2.
She was the country's first woman to serve in the role.
Tan Sri Abang Iskandar Abang Hashim retired as President of the Court of Appeal (the second highest position) on July 3.
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