
‘RCI on judicial picks not needed'
In a statement yesterday, the AGC said the situation did not amount to a constitutional crisis, and any suggestion otherwise is unfounded, even if there were discrepancies in timing and procedure.
'Article 122B of the Constitution states that the appointment of superior court judges is made by the Yang di-Pertuan Agong on the advice of the Prime Minister, following consultation with the Conference of Rulers,' said the AGC.
'The appointments under the Federal Constitution must be handled carefully so that the roles of the Yang di-Pertuan Agong do not become a matter of 'political polemics'.'
The AGC emphasised that it is inappropriate to politicise the roles of the Prime Minister or the Yang di-Pertuan Agong, as both institutions must operate independently under the Constitution.
The statement was issued in response to demands from Pandan MP Datuk Seri Rafizi Ramli and several PKR MPs for an RCI and a parliamentary select committee hearing following delays in appointing top judicial positions, including the Chief Justice.
Regarding allegations that Judicial Appointment Commission (JAC) meetings were convened without adequate notice, the AGC stated that in urgent situations, it is common for meetings to proceed with short notice if all members agree.
'Procedural matters should not invalidate JAC deliberations unless there is clear evidence of bad faith or prejudice,' it said.
The AGC urged all parties to uphold the rule of law and the separation of powers, and to refrain from undermining institutional integrity with unwarranted public pressure or political narratives.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles


The Star
36 minutes ago
- The Star
Reform of national judiciary system, including appointments, needed, says Legal Affairs Division of PM's Dept
PETALING JAYA: Reform of national judiciary system vital to ensure the integrity of the judiciary as the backbone of the rule of law, says the Prime Minister's Department legal affairs division (BHEUU). In a statement issued by BHEUU Thursday (July 10), the agency said that this was the outcome of an initial discussion held between Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said and the chairperson of the Special Select Committee on Legal Revisions Senator Rita Sarimah Patrick Insol. The discussion was also attended by chairperson of the Special Select Committee on Human Rights, Elections, and Institutional Reform Selayang MP William Leong Jee Keen. 'The discussion was held in response to public concerns regarding the need for reform of the national judicial system to ensure the integrity of the judiciary as the backbone of the rule of law. 'During the session, both chairpersons of the Special Select Committees also expressed their concerns regarding recent developments in judicial appointments and emphasised the importance of more in-depth scrutiny to ensure that the process is more transparent and trustworthy. 'Among the points agreed upon in the discussion was the implementation of preliminary comparative research on judicial appointment systems in selected countries — namely the United Kingdom, India, Australia, and Singapore. 'This early comparative study aims to provide a holistic understanding of judicial appointment processes in countries with similar systems, enabling Malaysia to assess the need for reform based on evidence and to adapt best practices accordingly. 'This study also aims to evaluate effective models of judicial appointments, identify best practices, and recommend appropriate reforms within the context of Malaysia as a constitutional monarchy and in line with the Federal Constitution. 'The government, through BHEUU, also welcomes public views and feedback on this matter. 'This inclusive approach is important to ensure that every perspective is taken into account before the findings of the study are presented for the consideration of the Cabinet,' said BHEUU in the statement. In the past few days, there has been much discussion on the state of the judiciary following no judicial appointment upon the mandatory retirement of Chief Judge of Malaya Tun Tengku Maimun Tuan Mat on July 2. On July 3, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim had assumed the role of Chief Justice temporarily. In a statement, the Chief Registrar's Office said that Justice Hasnah assumed the powers and duties of the Chief Justice in accordance with Article 131A of the Federal Constitution as well as the provisions under Section 9(1)(b) and Section 9(3) of the Courts of Judicature Act. Article 131A of the Federal Constitution states that if the office of the Chief Justice is vacant, or if the Chief Justice is unable to perform the functions of the office, the next most senior Federal Court judge shall assume those responsibilities until a new appointment is made, or the Chief Justice resumes duty. Justice Hasnah was elevated to the Federal Court in Dec 2019. She was appointed as the 14th Chief Judge of Malaya on Nov 12 last year, making her the third woman to hold the position after Tan Sri Siti Norma Yaakob and Tan Sri Zaharah Ibrahim. Earlier Thursday (July 10), Istana Negara, in a statement, reminded all parties that the appointment of superior court judges must be handled with integrity and in strict adherence to the Federal Constitution to prevent any form of politicisation. The Palace emphasised that judicial appointments are a matter of national importance and must be managed carefully, reflecting the principle of checks and balances.


Free Malaysia Today
an hour ago
- Free Malaysia Today
Ex-CJ's tenure not extended because of Malta speech, claims ex-law minister
Former law minister Nazri Aziz said Tengku Maimun Tuan Mat should have raised her concerns over possible judicial interference privately to the prime minister. PETALING JAYA : A former law minister claims that former chief justice Tengku Maimun Tuan Mat failed to get an extension because she had inferred that the prime minister interfered with judicial appointments. Referring to a speech she made in Malta, Nazri Aziz said that Tengku Maimun should have raised her concerns over possible judicial interference privately, the Scoop reported. Instead, Tengku Maimun chose an international stage to do so, he said. 'If you feel the prime minister has interfered, then the matter should have been handled quietly. You speak to the prime minister and tell him, 'we feel you have interfered'. 'This should have been done behind closed doors, not in Malta!' he was quoted as saying. At the 24th Commonwealth Law conference in Malta in April, Tengku Maimun said that removing the prime minister's role in the appointment of judges can help dislodge the perception of political influence in the judiciary. She also revealed there had been proposals of late that the Judicial Appointments Commission Act 2009 and the Federal Constitution be amended to remove the role of the prime minister in the appointment of judges. 'Such changes, in my view, would reinforce the impartiality of the selection process, ensuring that judicial appointments remain firmly grounded on merit and free from any perception of political influence.' Nazri went on to say that Tengku Maimun's actions were unacceptable, especially at a time when Prime Minister Anwar Ibrahim was travelling extensively to bring investments into the country. He also disagreed with a suggestion by a lawyer that Tengku Maimun was not referring to Anwar when she made the remarks. 'You are the sitting chief justice. Anwar is the sitting prime minister. So you must be referring to him.' Tengku Maimun, he pointed out, had previously spoken on the need for a good relationship among the three pillars of government, namely the judiciary, executive and legislative. Nazri said a constructive and balanced relationship between the judiciary and the other branches of government is essential to preserving judicial independence while respecting the democratic mandate of Parliament. He said Tengku Maimun had previously stated that there is no contest for supremacy and that in Malaysia, the constitution is supreme. 'She should take a leaf from her own speech.' Tengku Maimun, who served as the country's 16th chief justice, retired on July 5. She became the first woman to helm the judiciary when she was appointed in 2019.


The Sun
an hour ago
- The Sun
Govt to conduct comparative study on judicial appointments
PETALING JAY A: The government is set to conduct a preliminary comparative study on judicial appointment systems in several countries — including the United Kingdom, India, Australia, and Singapore — as part of efforts to reform Malaysia's judiciary. The initiative was agreed upon during a high-level discussion today involving Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (pic). Also present were chairperson of the Senate Special Select Committee on Law Review Senator Rita Sarimah Patrick Insol and chair of the Dewan Rakyat Special Select Committee on Human Rights, Elections and Institutional Reform as well as Selayang MP William Leong Jee Keen. In a joint statement, today, the Legal Affairs Division (BHEUU) said the meeting was held in response to public concern over the transparency and credibility of Malaysia's judicial appointment process. 'Both committee chairpersons voiced concern over recent developments and emphasised the need for a more rigorous, transparent, and credible appointment process,' it said. The study aims to provide a holistic understanding of international best practices and assess whether Malaysia's current approach should be reformed. It will also explore how reforms could be adapted to the country's constitutional monarchy framework, in line with the Federal Constitution. 'This evidence-based approach will help the government evaluate the need for reforms and recommend improvements suited to Malaysia's context,' it added. The government is also inviting public feedback, with BHEUU stressing the importance of an inclusive process to ensure all perspectives are considered before any recommendations are submitted to the Cabinet. 'The government remains committed to strengthening public trust in the judiciary through reforms that are transparent and grounded in facts,' the statement added.