Boosting judicial integrity, regional representation
In the report, Latheefa urged for constitutional amendments to enhance the independence, integrity, and transparency of the judiciary - especially through reforms to the Judicial Appointment Commission (JAC).
Her call is both timely and necessary. Our judiciary faces a credibility crisis that demands urgent institutional reform. Most notably, the recent leak of the JAC meeting minutes has seriously undermined public confidence in the impartiality and transparency of judicial appointments.
When such sensitive internal discussions are exposed, it not only damages trust in the institution but also exposes the vulnerability of judicial independence to political or external influence.
Further compounding this concern is the retirement of two top judges without term extensions, despite precedent suggesting otherwise:
Tengku Maimun Tuan Mat, the chief justice, retired on July 1, without a six-month extension.
Abang Iskandar Abang Hashim, the Court of Appeal president, retired on July 2, also without an extension.
These abrupt transitions raise pressing questions about the continuity, independence, and succession planning within the judiciary.
Greater Sabahan representation
In light of these developments, I wish to reaffirm my earlier public statement published on Malaysiakini on June 9, which called for greater Sabahan representation in the higher judiciary and the JAC.
As Malaysia continues to mature as a federation, it is vital that the spirit and terms of the Malaysia Agreement 1963 (MA63) are respected and realised, particularly in key national institutions.
I reiterate the following points:
Judicial appointments must reflect regional balance, especially for Sabah and Sarawak. The omission of East Malaysian representation risks alienating a significant part of the Federation.
The appointment of respected and experienced Sabahan jurists - such as Richard Malanjum and David Wong - to the JAC would enhance public trust, bring a regional perspective, and add legal wisdom to the selection process.
The separation of powers between the executive, legislature, and judiciary must not only exist in principle but also be clearly seen in practice. Without visible independence and impartiality, the public's faith in the rule of law will continue to erode.
In conclusion, I urge the government to take Latheefa's recommendations seriously and to ensure that any forthcoming constitutional amendment includes provisions that promote judicial independence, public accountability, and regional inclusivity, especially for Sabah and Sarawak.
Only through such reforms can we rebuild confidence in our legal system and uphold the foundational democratic principle that justice must not only be done, but must also be seen to be done.
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
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Malay Mail
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- Malay Mail
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The JAC, introduced in 2009, is a step forward for Malaysia as there are now written criteria and written procedures for a person to be selected as judge. — Picture by Raymond Manuel UK (Has JACs) After the UK's constitutional reforms in 2005, there are now three bodies involved in selecting and recommending potential judges (the JAC for England and Wales; Northern Ireland's JAC and the Judicial Appointments Board for Scotland). Looking specifically at England and Wales, the 15-member JAC is chaired by a layperson, with six judicial members, two professional members, five laypersons, and one non-legally qualified judicial member. The JAC's role is to select candidates on merit, having good character, and to encourage diversity in the range of available candidates. The JAC has a detailed list of items that a candidate has to declare when applying to be a judge (such as criminal convictions, traffic offences, being bankrupt, tax issues) to assess if they are of 'good character', and will also carry out character checks with professional regulatory bodies and the authorities such as for insolvency and tax. The JAC selects judges up to the High Court level, while the JAC would also be part of independent selection panels to select higher-ranking judges or judges at the higher courts. Generally, the Lord Chancellor (who is a Cabinet minister) may accept the JAC's recommendations, and has limited powers to reject or ask for reconsideration of recommended candidates. Generally, the King will appoint judges on the recommendation of the Lord Chancellor, based on the recommendation by the JAC or an independent selection panel. 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India (Had JAC for a few months) After amending its Constitution and creating a new law in 2014, India introduced the National Judicial Appointments Commission (NJAC) — which had the duty of recommending individuals 'of ability and integrity' for the President to appoint as judges. The NJAC was meant to be a six-member panel, chaired by the Chief Justice of India, two senior Supreme Court judges, the minister in charge of law and justice, two eminent persons. (A three-member committee comprising the CJ, the prime minister, the Opposition Leader would nominate the NJAC's two eminent persons, with one of the eminent persons required to be a woman or from a minority or marginalised group.) But just months after the constitutional amendment and the NJAC Act came into effect in April 2015, India's highest court, the Supreme Court, in October 2015 struck down both laws as unconstitutional. India then returned to using its existing 'collegium' system, which is where a group of senior judges select and recommend candidates for the President to appoint. For example, to appoint new Supreme Court judges, there would be a collegium of five judges (the Chief Justice and the four most senior Supreme Court judges), who would give their recommended names via the Chief Justice to India's government. The Chief Justice would give the recommendation to the law minister, who would then forward the recommendation to the prime minister to advise the President on the appointment of the new judges. To JAC or not? Like Malaysia, the four other countries we are looking at are members of the 56-member Commonwealth. In the UK-based Bingham Centre for the Rule of Law's 2015 report on the best practices for appointing judges in the Commonwealth, it was found that it is now 'uncommon' for only the executive branch of government to be responsible for appointing judges. 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