There are presently five vacancies on the nine-member commission.
One vacancy arises as the post of Chief Judge of Malaya has yet to be filled since the retirement of Zabidin Diah in February this year.
Sources also said the tenure of four eminent persons, appointed by the prime minister to the commission for two-year terms under Section 5(1)(f) of the JAC Act 2009, has expired. The vacancies have yet to be filled.
Three of the quartet saw their tenure come to an end on Sept 3. They are former chief justice Raus Sharif, retired Sarawak attorney-general Abdul Razak Tready and International Islamic University’s associate professor Shamrahayu Ab Aziz.
The trio were appointed to the commission two years ago. Their tenure came to an end on Sept 3.
Section 5(1)(f) of the legislation states that eminent persons shall hold office for two years and are eligible for reappointment but no member shall hold office for more than two terms.
As a result, only Raus and Shamrahayu are eligible for reappointment.
Razak previously served on the JAC between April 17, 2017 and April 16, 2019.
The term of the other member, former Federal Court judge Suriyadi Halim Omar, ended in 2022.
A source described as “baffling” the fact that the vacant positions were not filled immediately upon the tenures of their incumbents coming to an end.
Presently, there are only four members on the JAC, which is chaired by Chief Justice Tengku Maimun Tuan Mat. Court of Appeal President Abang Iskandar Abang Hashim and the Chief Justice of Sabah and Sarawak Rahman Sebli also sit on the commission.
These three judges, together with the Chief Justice of Malaya, sit on the JAC by virtue of their posts at the apex of the judiciary.
Under Section 5(1)(e), a senior Federal Court judge is also appointed to the commission for a two-year term, subject to one renewal. The seat is currently filled by Justice Nallini Pathmanathan.
Section 13(3) of the JAC Act makes it mandatory for the commission to hold a meeting at least once a month.
Section 13(4) states that seven members, inclusive of the chairman, shall form the quorum.
However, Section 13(5) provides that if the prescribed quorum is not present due to members being disqualified under the provisions of the act, the quorum shall not fall below five members.
“Presently, no meeting of the JAC can take place due to quorum failure, and the commission cannot make any decisions,” the source said.
FMT has reached out to JAC secretary Salinah Ismail for comment.