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Highlights of the JAC Bill
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HE following are the highlights of the Judicial
Appointments Commission Bill 2008:
Applies to the appointment of judges of
the superior courts – Federal Court, Court of
Appeal, High Court, judicial commissioners
and appointments of Chief Judges of Federal
Court, High Court in Malaya, High Court in Sabah
and Sarawak and President of the Court of Ap-
peal;
» PM must uphold the continued independ-
ence of the judiciary and have regards to defend
the independence, support the judiciary and the
need for public interest to be properly repre-
sented;
» Federal Court judge and four eminent per-
sons, who are not members of the executive
or other public service (appointed by PM) shall
not hold office more than two years, eligible for
reappointment but no member is allowed to
PM: Bills needed to correct
negative perceptions
PRIME Minister Datuk Seri Abdullah Ahmad
Badawi says the Malaysian Anti-Corruption
Commission (MACC) and the Judicial
Appointments Commission (JAC) Bills will
be up for second and third reading before the
Dewan Rakyat meeting for the year adjourns
sine die next Thursday.
He told the House that the Bills would be
passed in this meeting.
At a press conference after tabling the
Bills, Abdullah said the Bills were important
because the issues related to the Anti-
Corruption Agency (ACA) and the judiciary
had created negative perceptions.
“Corruption has been highlighted in
reports and often mentioned by politicians. It
has also created public dissatisfaction leading
to a perception that the government was not
highly committed to curb corruption and that
the ACA did not have sufficient power.
“The same happened to our judiciary
which we have heard, especially on the
appointment of judges. Such perceptions also
affect the behaviour of investors who will
become unpleasant and think that corruption
is ruthless in the country, questioning the
integrity of the judiciary.
hold office for more than two terms;
» Commission members shall be paid such » To formulate and implement mechanisms for
allowances as the PM may determine; the selection and appointment of judges of the
» President of the Court of Appeal shall act superior court;
as the Commission Chairman temporarily for » A candidate is qualified for selection if he ful-
the period when the office of the Chairman is
vacant, Chairman is absent or for any reason
unable to perform his functions;
» Commission shall determine its own proce-
dure and may set up any committee it deems fit
to assist in the implementation of its functions;
» No Commission members shall incur per-
sonal liability for any loss or damage caused by
any act or omission in administering the affairs
of the Commission, unless the loss or damage
is occasioned by an intentionally wrongful act or
omission on his part;
» To select suitably qualified persons who
merit appointment as judges of the superior
ad.
6x2
“We have also heard that many joint-
venture companies preferred to go to courts
outside the country whenever they have a
dispute or conflict instead of the courts here.
“Such depictions have not only caused
dissatisfaction in terms of public confidence
and comfort but also the confidence of foreign
court for PM’s consideration;
fils the criteria under Article 123 of the Federal
Constitution;
» All judicial commissioners appointed before
this Act may apply to be High Court judges;
» Commission members, officers and servants
are prohibited from disclosing any information
relating to the affairs of the Commission whether
during or after the tenure of office; offenders
are liable to a fine not exceeding RM100,000 or
to imprisonment for a term not exceeding two
years or both; and
» No prosecution in respect of any offence
under the Act shall be instituted except by or
with the consent of the Public Prosecutor.
At the Dewan Rakyat
by Giam Say Khoon, Tan Yi Liang
and Karen Arukesany
newsdesk@thesundaily.com
investors. So it is very important that we
take reasonable measures to make them
authoritative,” he said.
On the prerogative to appoint judges,
Abdullah said the government has not
changed the prerogative of the prime
minister under Article 122(b) of the
Federal Constitution.
“However, (with the JAC) we are now
more transparent, we will know who are
the candidates being considered and who
are the people making the selections.
“This is a good approach as the
appointments still need the approval of
the King and the Conference of Rulers, as
stipulated in the (Federal )Constitution.
“I believe that this will be better
because we will get wider views from
those needed to be consulted and
there would be collective wisdom and
decision,” he added.
On talks that some Barisan Nasional
MPs are not supportive of the Bills, he said:
“There is no such thing and I have not
heard about my MPs not being supportive.”
On the strength of the MACC
compared with the ACA, he said: “The
MACC will have a special committee
comprising MPs and a complaint
committee to receive complaints on the
conduct of commission officers, except for
criminal offences.
“There is also the right to prosecute,
which has been delegated to the Deputy
Public Prosecutor (DPP) since October
and there is no need to go through the
Attorney-General (A-G),” he said.
Asked why the delegation of power
was not put in black and white, he said
that the Bill is only a general provision
and this is the way for the government to
deal with the delegation of power.
“There is an advantage (for not putting
the delegation of power in black and
white) if something has gone wrong or
a big mistake is made. The A-G can …
but this does not mean that the A-G will
always interfere because when the power
is delegated, it will work.
“We will see much improvement.
We must all work together and support
quarters to curb corruption and make
our courts more authoritative.” Abdullah
said the government will recruit a total of
5,000 officers for the MACC in five years.
“Their salary and terms and conditions
of service will be more attractive and I
am sure that good people would want to
join the body because they will feel that it
is a body which is more credible with the
support of the rakyat and a higher level of
confidence than before.
“For the judiciary, it would be the
same as we need more judges. There
will be a possibility of recruiting judges
directly from experienced lawyers with
good integrity,” he said.
| THURSDAY DECEMBER 11 2008
Highlights of the
MACC Bill
T HE following are the highlights of the
Malaysian Anti-Corruption Commis-
sion Bill:
Appointment of Chief Commissioner
» The appointment of a Chief Commis-
sioner shall be done by the Yang di-Pertuan
Agong on the advice of the Prime Minister,
and the Commissioner will have the powers
of a Deputy Public Prosecutor.
Oversight
THE formation of an 8-member Advi-
sory Board, comprising seven members
appointed by the Yang di-Pertuan Agong
on the advice of the Prime Minister, and the
Chief Commissioner, which shall
» advise the Commission on any aspect of
the corruption problem in Malaysia;
» advise the Commission on policies and
strategies of the Commission in its efforts
to eradicate corruption;
» receive, scrutinise and endorse propos-
als from the Commission as to its effective
and efficient running;
» scrutinise and endorse the resource
needs of the Commission;
» scrutinise the annual report of the Com-
mission before submission to the Special
Committee on Corruption; and
» to submit its comments to the Special
Committee as to the performance of the
Commission.
THE formation of a Special Committee on
Corruption, which will consist of seven
members of Parliament appointed by the
King from both houses of Parliament, for
a three-year term. The Special Committee
will:
» advise the PM on any aspect of the cor-
ruption problem in Malaysia;
» to examine the annual report of the
Commission;
» to examine the contents of the Anti-Cor-
ruption Advisory Board as to its functions;
and
» to seek clarification and explanation on
the annual report of the Commission and
the comments by the Advisory Board
THE formation of a Complaints Committee
comprising five members appointed by the
relevant minister in charge of the Commis-
sion, which shall:
» monitor the handling by the Commis-
sion of complaints of misconduct which is
non-criminal in nature against Commission
officers; and
» to identify any weaknesses in the work
procedures of the Commission which might
lead to complaints and make recommenda-
tions where it deems fit.
Offences
The same as the Anti-Corruption Act 1997,
but offences will now include the bribery
of foreign public officials to allow Malaysia
to comply with the UN Convention Against
Corruption.
Investigative powers
» An officer of the rank of Commissioner
or higher can inspect and make copies of
the bank accounts of any individual, inspect
the safe deposit boxes in banks and to seize
any document or item inspected; and
» If an officer has reason to believe that
a person has property beyond his means,
the officer can order the person to give a
satisfactory explanation about the excess,
and a failure to do so is an offence.
Definitions
The Bill will allow for investigations against
public bodies, which include the federal and
state governments, any local or statutory
authority, any government department, serv-
ice or undertaking, any society registered
under the Societies Act, any sports body
registered under the Sports Development
Act, trade unions, co-operative societies,
companies and subsidiary companies.
Penalties
Any person found guilty will be liable to
imprisonment for a term not exceeding
20 years and a fine of not less than five
times the sum or value of gratification or
RM10,000, whichever is greater. However,
the 14-day minimum jail sentence under the
Anti-Corruption Act has been removed.