Limit PM’s powers in judges’ appointments, says Bar

 

Judges are servants of the law and the constitution and need not be grateful to anyone for their promotion, says a retired judge.

PETALING JAYA: The prime minister must play a minimal role in the appointment of judges, in keeping with the strict adherence of the doctrine of separation of powers, the Malaysian Bar says.

Its president Salim Bashir said the prime minister, as executive head of the government, was now vested with wide powers to determine who is to be elevated and promoted as judges and to hold the four administrative positions in the judiciary,” he told FMT.

To ensure the prime minister’s powers are limited, he said the Federal Constitution has to be amended to upgrade the status of the Judicial Appointments Commission (JAC).

Salim said that in 2017, then prime minister Najib Razak had attempted to retain Chief Justice Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin in their positions beyond the mandatory retirement age. The Bar had vigorously objected as it was deemed unconstitutional.

He said Article 122B of the Federal Constitution in its current form stated the judges shall be appointed by the King, acting on the advice of the prime minister, after consultations with the Conference of the Rulers.

Salim said the four eminent persons and a Federal Court judge in the JAC were also appointed by the prime minister. The chief justice, Court of Appeal president, the chief justice of Malaya, Sabah and Sarawak are in the JAC by virtue of their administrative positions.

He said the job of the nine-member JAC was to select candidates but in reality it was a judicial recommendation commission

Under Section 27 of the JAC Act, the prime minister can ask for two more names for his consideration to fill any vacancy if he was dissatisfied with the earlier proposals.

“From the perspective of the constitution and the JAC Act, the prime minister virtually decides who sits on the bench,” Salim said.

He was commenting on a claim by former prime minister Dr Mahathir Mohamad that he had not interfered in the country’s judiciary.

Mahathir was prime minister from 1981 to 2003 and returned to hold office for another 22 months until last February.

However, Najib has laughed off Mahathir’s claim, saying that has to be the biggest lie in the Malaysian judicial history.

Salim, however, said judicial interference could come in many forms.

He said any constitutional amendment should allow for the prime minister to change the JAC’s proposal only once, and he must give his reasons to the committee.

“He must accept any names given and forwarded to the Conference of Rulers before the King makes the appointments,” he said.

Meanwhile a retired judge said all judicial officers must uphold their oath of office, be loyal to the law of the land and dispense justice.

“They need not be grateful to anyone for their promotion as they are servants of the law and the constitution,” said the judge who spoke on condition of anonymity. - FMT

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