Procedural flaw in JAC proceedings? — Hafiz Hassan
Reference has been made to Section 13(2) of the Judicial Appointments Commission Act 2009, which states that at least ten days' notice in writing or by electronic mail
shall be given to the members of the Judicial Appointment Commission (JAC).
It may be said that the 10-day notice is procedural in nature. JAC members, who are no ordinary folks, may consent to a shorter notice having regards to attending circumstances.
Or they may raise it (the short notice) with the Acting Chief Justice.
Chief Justice of Malaya Datuk Seri Hasnah Mohammed Hashim is pictured at the Opening Ceremony of the 2025 Legislative Year at the Putrajaya International Convention Centre (PICC) January 8, 2025. — Picture by Yusof Mat Isa
Let us not be like the Malay saying: 'lebih sudu dari kuah'. When the short-notice urgent meeting was disclosed to the media, I would respectfully say in Malay: 'ada yang lebih sudu dari kuah'.
One has to be mindful of Sections 15 and 16 of the JAC Act. Section 15(c) says that no act done or proceeding taken under the Act shall be questioned on the ground of an omission, a defect or an irregularity not affecting the merits of the case.
Section 16 empowers the JAC to determine its own procedure.
So, can one say that the alleged short-notice urgent meeting was flawed for non-compliance with Section 13(2) of the Act?
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
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