MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.
Wednesday, January 25, 2023
Wednesday, January 18, 2023
Amend Federal Constitution and Judicial Appointments Commission Act 2009 to remove Prime Minister’s role in appointment and elevation of judges in Malaysia. PM must disclose whether recent appointments is as per recommendation of the Judicial Appointments Commission or not.(MADPET)
Media Statement – 19/1/2023
Amend Federal Constitution and Judicial Appointments Commission Act 2009 to remove Prime Minister’s role in appointment and elevation of judges in Malaysia.
PM must disclose whether recent appointments is as per recommendation of the Judicial Appointments Commission or not.
MADPET(Malaysians Against Death Penalty and Torture) demands confirmation that the recent appointment of High Court Judges, Court of Appeal Judges, Federal Court judge, the new President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim, the new Chief Judge of Malaya Datuk Mohamad Zabidin Mohd Diah, the new Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli was as recommended by the Judicial Appointments Commission(JAC), and not the decision of the Prime Minister Anwar Ibrahim who ignored all or some of the recommendation of the JAC.
As it is now, the Federal Constitution in Article 122B(1) still states that ‘The Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts and (subject to Article 122C) the other judges of the Federal Court, of the Court of Appeal and of the High Courts shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.’ There is a need for a speedy amendment of the Constitution to remove the Prime Minister, to be replaced by an independent Judicial Appointment Commission(JAC).
On September 26, 2007, about 2,000 lawyers of the Malaysian Bar gathered at the entrance of the Palace of Justice in Putrajaya, before marching to the Prime Minister’s Office to deliver the Bar Council’s memorandum, which amongst others called for an independent Judicial Appointment Commission (JAC) to select appoint judges. Concern about the independence in the selection of judges arose when a video emerged showing a lawyer discussing with a senior judge about appointments of judges.
The government responded positively in the enactment of Judicial Appointments Commission Act 2009 (Act 695), whereby the Commission was to submit recommendations to the Prime Minister. It was expected that the Prime Minister would follow the recommendation of the JAC and advice the King as such.
However, a task force in October 2022, alleged that 4 individuals appointed to the top judicial posts in July 2018 differed from those selected by the Judicial Appointment Commission (JAC) and conveyed to then prime minister Tun Dr Mahathir Mohamad in June 2018.
Given this, and the possible disregard of the Prime Minister to the recommendation of the JAC, there is a need to amend the Federal Constitution, to remove the role played by the Prime Minister in the selection and appointment of judges. It should be replaced with the JAC directly advising the King.
When it comes to the JAC, at present the Prime Minister plays a role in the appointment, and this need to be removed. Section 5(1) of the Judicial Appointments Commission Act 2009 now states that ‘The Commission shall consist of the following members: (a) the Chief Justice of the Federal Court who shall be the Chairman; (b) the President of the Court of Appeal; (c) the Chief Judge of the High Court in Malaya; (d) the Chief Judge of the High Court in Sabah and Sarawak;(e) a Federal Court judge to be appointed by the Prime Minister; and (f) four eminent persons, who are not members of the executive or other public service, appointed by the Prime Minister after consulting the Bar Council of Malaysia, the Sabah Law Association, the Advocates Association of Sarawak, the Attorney General of the Federation, the Attorney General of a State legal service or any other relevant bodies’
Thus, there is a need to amend the Judicial Appointments Commission Act 2009, to ensure that the 4 eminent persons are selected and appointed not by the Prime Minister.
The Conference of Rulers on 30/11/2022 also proposed the removal of the prime minister's power to appoint four representatives to the nine-member Judicial Appointments Commission (JAC), the body which proposes candidates to be made judges in the superior courts.
Negeri Sembilan's Tuanku Muhriz Tuanku Munawir, on behalf of the Conference of Rulers, also was reported saying that "To ensure the independence of JAC in carrying out its responsibilities, I propose that the appointment of its five members should not be made by the prime minister. "Instead it should be given to other institutions such as the Malaysian Bar Council, the Sabah Law Society, the Sarawak Bar Association and the Parliamentary Select Committee’[Malaysia Now, 30/11/2022]
Chief Justice Tengku Maimun Tuan Mat, on 9/1/2023 called for the amendment of the Federal Constitution, and the Judicial Appointments Commission Act 2009. She said that “We will not reach the objective of appointing judges without executive involvement, if the current provision (which requires executive consultation) remains,” She said the prevailing public perception of executive involvement in the appointment of judges must also be removed.[FMT, 9/1/2023]
The conviction of the previous Prime Minister Najib Razak, and the fact that many members or former members of the Cabinet have pending cases in court, makes it all the more urgent to remove the prevailing public perception of executive involvement in the appointment of judges. Will judges chosen or elevated by the Prime Minister be seen to be independent in cases involving the Prime Minister, his Cabinet members or even the government?
In court today, Prime Minister Anwar Ibrahim himself too has commenced several defamation suits in court, amongst others, against Muhyiddin Yassin, Kuala Terengganu MP Ahmad Amzad Hashim, Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor and Perak Pas chief Razman Zakaria. There is also the case of Yusoff Rawther, a former research assistant to Anwar, claiming sexual assault against Anwar that is still pending in court.
Noting the urgency and the current state of affairs, the Federal Constitution and the Judicial Appointments Commission Act 2009 must be speedily amended to remove the perception of executive involvement in the appointment and elevation of judges.
The required Bills should be tabled now at the upcoming Parliamentary session, and it should be passed easily considering that Anwar Ibrahim do have the support of more than two-thirds of the Members of Parliament, which is required for amendments of the Federal Constitution.
MADPET also calls for the immediate disclosure as to whether Prime Minister Anwar Ibrahim appointed and elevated judges as per the recommendation of the Judicial Appointments Commission, or that he opted to ignore the JAC recommendations, and appointed or elevated judges on his own. The names of judges appointed or elevated, different from those recommended by the JAC must be made known, and it will be best that these judges do consider recusing themselves from cases involving the government, or the Prime Minister, Cabinet members or politicians.
The perception that Malaysia has an independent judiciary is a matter of great urgency, and the needed amendment to the Constitution must not be delayed.
Charles Hector
For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)
Agong presents letters of appointment to 21 judges at Istana Negara
KUALA LUMPUR, Jan 17 ― The Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah today granted an audience and presented the letters of appointment to 21 judges in a ceremony at Istana Negara here.
Raja Permaisuri Agong Tunku Hajah Azizah Aminah Maimunah Iskandariah was in attendance.
Leading the list was the new President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim followed by Chief Judge of Malaya Datuk Mohamad Zabidin Mohd Diah, Chief Judge of Sabah and Sarawak Datuk Abdul Rahman Sebli and Federal Court Judge Datuk Nordin Hassan.
Also receiving their letters of appointment as Court of Appeal judges were Datuk Azman Abdullah, Datuk Azimah Omar, Datuk Lim Chong Fong, Datuk Collin Lawrence Sequerah, Mohamed Zaini Mazlan and Datuk Wong Kian Kheong.
Eleven judges appointed to the High Court were Datuk Norsharidah Awang, Tee Geok Hock, Datuk Zaleha Rose Pandin, Alice Loke Yee Ching, Datuk Azhar Abdul Hamid, Dr Arik Sanusi Yeop Johari, G. Bhupindar Singh, Mahazan Mat Taib, Ahmad Murad Abdul Aziz, Liza Chan Sow Keng and Wan Muhammad Amin Wan Yahya.
The ceremony was also attended by Minister in the Prime
Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina
Othman Said and Chief Justice Tun Tengku Maimun Tuan Mat. ― Bernama, Malay Mail, 17/1/2023
Sarawak’s Abang Iskandar is new Court of Appeal president
V Anbalagan
- January 16, 2023 2:22 PM
14 Justices
Abang Iskandar Abang Hashim (left) and Zabidin Diah have been
performing the functions of their new positions since November.
PUTRAJAYA:
Chief Judge of Sabah and Sarawak Abang Iskandar Abang Hashim will be
promoted to Court of Appeal president, making him the first judge from
Sarawak to assume the post, sources said.
The sources also said Federal Court judge Zabidin Diah will be made Chief Judge of Malaya.
Abang Iskandar, 63, and Zabidin, 65, have been performing the functions and duties of these positions since last November.
The
posts of Court of Appeal president and Chief Judge of Malaya are the
second and third highest on the judicial ladder, respectively.
Federal
Court judge Abdul Rahman Sebli, 63, will assume the role of the Chief
Judge of Sabah and Sarawak, taking over from Abang Iskandar, the sources
said.
They are expected to receive their appointment letters
from the Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah,
tomorrow morning before taking their oaths of office at the Palace of
Justice in the afternoon.
At the same time, Court of Appeal judge Nordin Hassan will be elevated to become a Federal Court judge.
High
Court judges Azman Abdullah, Azimah Omar, Collin Lawrence Sequerah,
Zaini Mazlan, Wong Kian Keong and Lim Chong Fong will be elevated to the
Court of Appeal.
Sequerah is the trial judge in former prime
minister Najib Razak’s ongoing RM2.3 billion 1MDB corruption trial. He
is also the trial judge in deputy prime minister Ahmad Zahid Hamidi’s
corruption, criminal breach of trust and money laundering trial.
Zaini
is presiding over Najib’s ongoing audit report tampering case. He also
presided over Rosmah Mansor’s RM1.25 billion Sarawak rural schools’
solar energy project corruption case. He found Rosmah guilty of the
charges in September last year.
Eleven judicial commissioners
will be confirmed as High Court judges while five from the Bar and
Judicial and Legal Services will be appointed judicial commissioners. - FMT, 16/1/2023
Remove executive’s role in judges’ appointment, says Chief Justice
V Anbalagan
- January 9, 2023 6:33 PM
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Tengku
Maimun Tuan Mat says the prevailing public perception of executive
involvement in the appointment of judges must be removed.
PUTRAJAYA:
The judiciary has proposed that provisions in the Federal Constitution
be amended to remove executive involvement in the appointment of judges.
This was revealed by Chief Justice Tengku Maimun Tuan Mat, who
said the suggestion was given by the judiciary to the task force probing
former attorney-general Tommy Thomas’ book, “My Story: Justice In The
Wilderness”.
One of the suggestions was that improvements should be made to the process of appointing judges.
“We
suggested that there should be an amendment to the constitution to give
effect to our proposal,” she told reporters after officiating a
ceremony to open the legal year.
Tengku Maimun said the judiciary was collectively supportive of the task force’s proposal to the government.
“That
is our general stand to improve the judiciary or the Judicial
Appointments Commission (JAC). However, there must be meaningful
engagement with all stakeholders to move forward,” she said.
Article
122B (1) states that judges and all administrative position holders
shall be appointed by the Yang di-Pertuan Agong, acting on the advice of
the prime minister, after consultation with the Conference of Rulers.
However,
Section 27 of the Judicial Appointments Commission Act 2009 states that
the prime minister may request for two additional names for
consideration with respect to any vacancy to the offices of the Chief
Justice, Court of Appeal President, Chief Judges of Malaya, and Sabah
and Sarawak, and on the panels of the Federal Court and the Court of
Appeal.
Tengku Maimun said any amendment to the 2009 Act would likely first require the Federal Constitution itself to be amended.
“We
will not reach the objective of appointing judges without executive
involvement, if the current provision (which requires executive
consultation) remains,” she added.
She said the prevailing public perception of executive involvement in the appointment of judges must also be removed.
Tengku
Maimun said she had also called for the new government to set up an
independent judicial academy to cater to the training needs of superior
court judges.
Last year the top judge announced that the
government approved 25 acres of land in Nilai, Negeri Sembilan,
alongside an existing magistrates’ court for the academy.
“In
principle, the previous government had approved (the proposal), but when
the final decision was communicated to us, they said judges should go
to the judicial and legal service officers’ training institute due to a
costing issue.
“As a matter of principle, judges should not be going there. Judges are not government officers,” Tengku Maimun said.
She said judges in the past never attended any course at the institute located in Bandar Baru Bangi.
“The person who issued the statement lacked understanding of the law and procedure,” she added.
Death threats
Meanwhile,
sharing a personal experience in her role as Chief Justice, Tengku
Maimun said she had been on the receiving end of death threats when
presiding over cases involving certain personalities.
“In cases
involving certain personalities, the support or criticism is extreme.
People generally know that I myself have received death threats before.
“Whether those were serious threats or not is another question, but it has reached that level,” she said, according to Bernama.
When
it comes to high-profile individuals, she said the comments directed at
the judiciary were not constructive but excessive, one-sided and
politically-motivated.
“I hope the people out there understand
the structure of the country’s legal process before issuing any
statements which show their lack of understanding.”
In August
last year, the media quoted police as saying they had received reports
of threats made against Tengku Maimun on social media and would be
taking action against anyone found abusing such platforms to undermine
security. - FMT, 9/1/2023
Malay rulers propose PM stay out of judges appointment body
They say a more balanced membership is needed so that appointments are not biased.