Lawyer drops Judicial Appointments Commission court challenge after Azalina signals reform
In a press statement today, Syed Amir Syakib Arsalan said he was withdrawing the case, as the government recently said it was willing to look into reforms on how judges are appointed in Malaysia.
'This decision follows recent public statements by the Honourable Minister of Law and Institutional Reform, YB Datuk Seri Azalina Othman Said, who has acknowledged that the Judicial Appointments Commission Act 2009 ('JAC Act') is open to improvement and that the government is willing to engage with all stakeholders in efforts to reform and strengthen the
legislative framework governing judicial appointments.
'Given the government's clear position and willingness to address the concerns raised, I am of the view that the constitutional challenge is no longer necessary at this juncture,' he said in his statement.
'With the recent appointments of the Chief Justice and President of the Court of Appeal having been completed in accordance with Article 122B of the Constitution, I am also satisfied that there is no immediate prejudice or uncertainty affecting the leadership of the judiciary,' he also said later in the same statement.
Syed Amir Syakib Arsalan had on April 8 filed his lawsuit against the Malaysian government and the JAC.
In his lawsuit, he had wanted the courts to invalidate both the JAC and the JAC Act 2009.
He had also wanted a court order for the prime minister to follow the constitutional process for the appointment of judges without what he described as 'interference' by the JAC.
Previously, he had also applied to bring 16 questions on constitutional law to the Federal Court.
Both the main court challenge and the lawyer's bid to refer the 16 constitutional questions to the Federal Court have not been heard yet, and both have now been dropped.
Last Wednesday, the High Court reportedly scheduled September 11 to hear the Malaysian Bar's application to get the JAC's meeting minutes from January 2023 until now, before it hears the application to refer the constitutional questions.
In announcing his dropping of the entire court challenge today, Syed Amir Syakib Arsalan said he had filed the lawsuit 'in good faith' to test whether the JAC Act is valid constitutionally, to raise awareness of its alleged structural shortcomings, and to encourage public discussion on the need for institutional safeguards that are consistent with the Constitution.
He urged the Malaysian government to study the questions he had raised about the process to appoint judges in Malaysia, as well as whether the Federal Constitution needs to be amended to align the JAC framework with the country's constitutional structure and values.
When contacted by Malay Mail, Syed Amir Syakib Arsalan's lawyer Daniel Annamalai confirmed that his client had today filed in court for the case to be discontinued and withdrawn.
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