Bar president Karen Cheah said the powers of the prime minister in the judicial appointment process under the Act must be removed to enable the commission to carry out its duties independently from the executive.
Cheah said the provisions on the representation of stakeholders under the Act should be reviewed by legal practitioners and the attorney-general.
She said the appointment of members to the JAC must be done through a set of criteria suitable for all Malaysians and for the good of the judiciary and the nation.
“It is imperative that the government of the day, which says it is resolute in good governance, continues the way forward by having the political will to make the amendments to the JAC Act and Article 122B of the Federal Constitution, to establish an independent judiciary for the sake of a proper democratic system within our country,” she said in a statement.
Article 122B stipulates that Federal Court, Court of Appeal and High Court judges are appointed by the Yang di-Pertuan Agong, acting on the advice of the prime minister, after consulting the Conference of Rulers and the chief justice.
Yesterday, the Yang di-Pertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, said the prime minister should not be allowed to appoint JAC members.
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.
He proposed that five appointments to the JAC not be made by the prime minister to ensure the commission’s independence in carrying out its duties.
Describing Tuanku Muhriz’s remarks as timely, Cheah said the Bar had submitted a working paper to review the JAC Act to the government in 2018 as it was concerned that the process of appointing judges was not free from the influence of the executive.
She said the Bar has consistently advocated for the overall composition of the JAC to reflect diversity and inclusivity to mirror the demographic of Malaysia, comprising representatives of all races, religions, cultures and professions.
“If the composition of the JAC is reflective of our Malaysian society, it would enhance public confidence and acceptance of the decisions made by the judiciary because these judges would essentially be representing and making decisions affecting the lives of all Malaysians,” she said.
Currently, the prime minister is empowered to appoint a sitting Federal Court judge and four eminent persons to the JAC.
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.
Meanwhile, Lawyers of Liberty (LFL) backed the Bar’s call for Article 122B of the Federal Constitution to be amended, saying the prime minister’s power in advising the King on the appointment of judges should be removed as a whole.
LFL director Zaid Malek said simply removing the prime minister’s power to appoint members of the JAC will not ensure judicial independence and actual separation of powers.
“Under Article 122B, the prime minister retains the ultimate power to advise the King on who to appoint to the Federal Court, the Court of Appeal and the High Courts. In short, he or she need not accept the recommendations of the JAC.
“This great influence of the executive over the judiciary must be entirely removed to ensure judicial independence and integrity,” he said in a statement.