DECEMBER 15 ― Yang di-Pertuan Besar of Negri Sembilan, Tuanku Muhriz Tuanku Munawir has proposed to introduce diverse and independent mechanisms when it comes to the selection of five eminent persons on the Judicial Appointments Commission (JAC).
On the note of that, he also did stress that the person selected must not only be independent from any form of political influence but also be inclusive, reflecting the diversity of our multi-racial society and the composition of our Federation, namely Peninsular Malaysia, Sabah and Sarawak, during the official book launch of Upholding The Federal Constitution: The Judicial Thoughts of Datuk Seri Hishamudin Yunus.
“Judicial independence has always been a pillar of the constitution. Judges do not take orders from Parliament, no do they from the prime minister of from anybody in government”, as rightly noted by Mohamed Suffian bin Hashim in The Constitution of Malaysia: Its Development: 1957-1977.
Our Federal Constitution designed where judges are appointed by the Yang di-Pertuan Agong acting on the advice of the prime minister (PM) under Article 122(B)(1).
Under Section 5(1)(e) of the JAC 2009, 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 the call for reform has long been made, and removal of the prime minister’s prerogative power can only be made by amending Article 122B before reforming the Judicial Appointments Commission Act 2009 (JAC 2009).
Hence, inclusiveness and diversity are something that is interconnected. It cannot rule out one in achieving the other. It applies to the appointments as well.
Every applicant has to be selected based on their outstanding criteria, which is on their merits, skills, experience, and qualification (not exhaustive), to ensure there are diverse in the selection made.
Perhaps a better reference can be made to the Judicial Appointments Commission (JAC) in the United Kingdom. The Judicial Diversity and Inclusion Strategy 2020-2025 report states the core objectives:
(a) Creating an environment in which there is a greater responsibility for and reporting on progress in achieving diversity and inclusion
(b) Supporting and building a more inclusive and respectful culture and working environment within the judiciary
(c)Supporting and developing the career potential of existing judges
(d) Supporting greater understanding of judicial roles and achieving greater diversity in the pool of applicants for judicial roles.
Thus, setting up Judicial Diversity Committee to oversee these, under the commission is a good start.
It is again to recognise and maintain the separation of powers between the Judiciary, Executive, and Legislative. When the officers are appointed without any interference from politics, the selectiveness shows clearly in upholding the rule of law.
This is possible and with such implementation, our judiciary will be strengthened through inclusiveness and diversity.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
