The JAC comprises nine members – four top judicial administrators led by the chief justice, as well as a senior Federal Court judge and four other eminent persons, who are appointed by the prime minister.
In chairing the 260th meeting of the Conference of Rulers at Istana Negara, Tuanku Muhriz said there were weaknesses in the process of appointing judges that could be resolved.
“To ensure the JAC is independent in carrying out its responsibility, I propose that the appointments of the five JAC members not be made by the prime minister.
“Instead, give this authority to several other institutions, such as the Malaysian Bar, Sabah Law Society, Advocates Association of Sarawak, and the Dewan Rakyat’s selection committee,” said the Yang di-Pertuan Besar.
The Yang di-Pertuan Besar also said that giving the authority to these institutions to decide on judicial appointments would create a better balance in the membership within JAC and ensure the committee is free from the interests of any party.
He also suggested that the structure of the committee be re-evaluated through negotiations carried out between the government, existing JAC members, legal bodies and other relevant stakeholders.
“I am confident that JAC will be capable of carrying out its responsibilities more effectively and making judicial selections and appointments from among individuals who are noble, transparent and fair,” added the Yang di-Pertuan Besar.
The commission was established through the Judicial Appointments Commission Act 2009 (Act 695), which was gazetted on Feb 8, 2009.
According to the commission’s website, its purpose is to ensure the process for the nomination, appointment and promotion of superior court judges is more transparent and comprehensive.
The current JAC members are;
- Chief Justice Tengku Maimun Tuan Mat,
- President of the Court of Appeal (vacant)
- Chief Judge of the High Court in Malaya (vacant)
- Chief Judge of the High Court in Sabah and Sarawak Abang Iskandar Abang Hashim,
- Federal Court judge Zabidin Diah,
- Retired Chief Justice of Malaysia Raus Sharif,
- Retired judge of the Federal Court Suriyadi Halim Omar,
- Retired Sarawak state attorney-general Abdul Razak Tready, and,
- Shamrahayu Ab Aziz, law lecturer at Universiti Islam Antarabangsa Malaysia.
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