Warisan calls for more Sabahan representation in judiciary, JAC

The Star

09-06-2025

KOTA KINABALU: Parti Warisan has called for greater Sabahan representation in the higher judiciary and the Judicial Appointments Commission (JAC), raising longstanding concerns about East Malaysia's exclusion from key national decision-making bodies.
The party's legal advisor, Chin Tek Ming, said it was deeply troubling that not a single Sabahan currently sits on the nine-member JAC, which is tasked with nominating judges to Malaysia's superior courts.
"The judiciary must reflect the diverse fabric of Malaysia, inclusive of voices from East Malaysia," he said in a statement.
"Strengthening Sabahan representation will enhance the credibility and inclusiveness of our judiciary and reaffirm our national unity."
Chin said the upcoming retirements of Chief Justice Tun Tengku Maimun Tuan Mat and Court of Appeal President Tan Sri Datuk Amar Abang Iskandar Abang Hashim in July make it even more urgent to address the imbalance.
While he welcomed the promotion of former Kota Kinabalu High Court judge Datuk Dr Lim Hock Leng to the Court of Appeal, Chin noted that such progress remains the exception rather than the norm. He stressed the need for deliberate efforts to appoint more Sabahans to top judicial positions, including seats on the JAC.
Chin proposed that respected retired judges from Sabah, such as former Chief Justice Tun Richard Malanjum and former Chief Judge of Sabah and Sarawak Tan Sri David Wong Dak Wah, be appointed to the JAC. He said their distinguished service and deep understanding of Borneo's legal, cultural, and societal context would bring critical value to the commission's deliberations.
"Their inclusion would not only provide regional balance but also strengthen the judiciary with perspectives grounded in justice, integrity, and independence," he said.
Chin also called for long-term reforms to address the persistent under-representation of Bornean judges at the appellate level.
"We need a fairer system that recognises the imbalance in numbers between Peninsular and Bornean judges," he said. "Right now, Bornean judges are structurally disadvantaged in promotion pathways simply because they are fewer in number."
To ensure equitable advancement, Chin urged the establishment of a fixed minimum number of judges from Sabah and Sarawak in the Court of Appeal and Federal Court. He also suggested that Bornean judges be assessed within their own promotion pools.
He said such reforms would help retain Bornean judicial experience, especially in handling cases involving native laws, customary practices, and regional issues - areas requiring local knowledge and sensitivity.
Chin further urged the government and judiciary to ensure that qualified Sabahans, including retired judges, are considered for all future appointments to the appellate courts and the JAC.
"This would reflect the spirit of the Malaysia Agreement 1963 and uphold the constitutional rights of Sabahans to participate fully in national institutions," he said.
"There's no shortage of qualified Sabahan judges, past and present. What we lack is a mechanism to ensure they are fairly considered and promoted based on merit and experience."