PM Anwar appoints ex-AG Idrus, ex-Federal Court judge Zainun to Judicial Appointments Commission

KUALA LUMPUR, Nov 18 — Prime Minister Datuk Seri Anwar Ibrahim has appointed four new members to the Judicial Appointments Commissions (JAC) including former attorney general Tan Sri Idrus Harun and former Federal Court judge Tan Sri Zainun Ali, the commission announced today.

The JAC said the two other new members appointed by the PM are former Sarawak state attorney general Datuk Seri Talat Mahmood Abdul Rashid and Universiti Teknologi MARA (UiTM) law lecturer Associate Professor Hartini Saripan.

In its announcement, JAC said these four new members’ appointments are for a two-year period from November 1, 2024 to October 31, 2026.

The four were appointed to replace the four vacancies in the JAC, following the end of tenure on September 3, 2024 of former chief justice Tun Md Raus Sharif, former Federal Court judge Tan Sri Suriyadi Halim Omar, former Sarawak state attorney general Datuk Abdul Razak Tready and associate professor Datuk Shamrahayu Ab Aziz.

The JAC thanked the four previous members and recorded its appreciation for their service and contribution.

The JAC, which was established on February 2, 2009, selects and recommends suitably qualified persons for the prime minister to consider for appointment as High Court, Court of Appeal and Federal Court judges.

The JAC today said the PM’s appointment of the four members was made in line with the Judicial Appointments Commission Act 2009’s Section 5(1)(f).

Based on Section 5(1), the JAC should have nine members: the Chief Justice who is also the commission’s chairman; the President of the Court of Appeal; the Chief Judge of Malaya; the Chief Judge of Sabah and Sarawak; a Federal Court judge appointed by the PM; and four eminent persons appointed by the PM.

Under Section 5(1)(f), the four eminent persons (who are not members of the executive or other public service) are to be appointed by the PM, after consulting the Bar Council, the Sabah Law Association (now known as the Sabah Law Society), the Advocates Association of Sarawak, the attorney general, the attorney general of a state legal service or any other relevant bodies.

These four new appointments are important, as the JAC will now have a sufficient number of members to be able to hold meetings.

The JAC now has nine members, following the four new appointments.

Under the JAC Act’s Section 13, the JAC needs to have at least seven members including the chairman to achieve quorum to hold its meetings, and the meetings are required to meet at least once a month.

Previously, the JAC only had four members since September 3, namely Chief Justice Tun Tengku Maimun Tuan Mat; President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim; Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli; and Federal Court judge Tan Sri Nallini Pathmanathan.

This was because the Chief Judge of Malaya post had been vacant since February 29 when Tan Sri Mohamad Zabidin Mohd Diah retired.

The Chief Judge of Malaya post has now been filled last Tuesday (November 12) with the appointment of Federal Court judge Datuk Seri Hasnah Mohammed Hashim — the third woman in Malaysia to hold this position.

Also appointed on that day were former attorney general Tan Sri Ahmad Terrirudin Mohd Salleh as a Federal Court judge, eight Court of Appeal judges, 16 High Court judges, and one judicial commissioner.

At the time of writing, Malay Mail’s checks of the JAC’s website shows that Hasnah has been listed as one of the JAC members, while the four new appointees have yet to be listed there.

In its latest update as of November 12, the JAC’s website listed the number of vacancies in the judiciary as being: two vacant positions for judges at the Federal Court, three vacancies for Court of Appeal judges, and 21 vacancies for High Court judges (11 in the High Court in Malaya, eight in the High Court in Sabah and Sarawak).

In the same list, the JAC states that there are now 42 judicial commissioners (23 in Peninsular Malaysia, three in Sabah, one in Sarawak).

Judicial commissioners perform the same duties and functions as High Court judges, and typically hold the post for a two-year probation period before confirmation as High Court judges.