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Ex-CJ: JAC will lead to
appointment problems
PUTRAJAYA: The Judicial
Appointments Commission (JAC),
the Bill of which was tabled for first
reading in the Dewan Rakyat on
Wednesday, will lead to problems
where the appointment of the
Chief Justice and president of the
Appeals Court is concerned, said
newly-retired chief justice Tun Abdul
Hamid Mohamad.
He said problems would arise as
among members of the commission
would be those in line for the two
posts.
“I just want to draw the attention
of the Members of Parliament (MPs)
in raising this so that they will give it
careful thought before making their
decision,” he told Bernama here
yesterday.
“Under the provisions of the Bill,
the JAC is empowered to appoint
the Chief Justice (CJ), Appeals Court
president, Appeals Court judges,
Federal Court judges, Chief Judge
of Malaya, Chief Judge of Sabah and
Sarawak and High Court judges.
“It is also noted the JAC comprises
nine members, including five senior
judges, four of whom are the most
senior in the country.”
He also referred to Clause 5 of
the Bill which provides for the JAC
to be made up of nine members
comprising the CJ as the chairman,
Appeals Court president, Chief Judge
of Malaya, Chief Judge of Sabah and
Sarawak, a Federal Court judge and
four eminent persons appointed by
the prime minister.
According to Clause 21 of the
Bill, the JAC is entrusted with the
responsibility to select suitable and
capable candidates as judges of the
higher courts.
Candidates must meet several
criteria, including being persons
of high moral values and integrity,
besides judicial capability.
Abdul Hamid said according to the
provisions of the Bill, appointments
of judicial commissioners, High
Court judges, Appeals Court judges,
Federal Court judges, Chief Judge of
Malaya and Chief Judge of Sabah and
Sarawak should not pose a problem,
| FRIDAY DECEMBER 12 2008
but it need not be the case where the
CJ and Appeals Court president are
concerned.
“In making the choice for Appeals
Court president, the Chief Judge of
Malaya, Chief Judge of Sabah and
Sarawak and the Federal Court judge,
who are members of the JAC, have a
stake in the matter.
“This means they will have to
abstain from participating in the
proceedings.
“And as the Bill states that
a minimum quorum of seven
members must be met in making
these appointments, it might be very
difficult to meet this requirement.
“It becomes more complicated
when it comes to appointing the CJ.
The Appeals Court president, Chief
Judge of Malaya and Chief Judge It’s Datin Paduka Low …
of Sabah and Sarawak have a stake SELANGOR’s Sultan Sharafuddin Idris Shah bestowing the Datuk
in the matter and as such, they will Sultan Sharafuddin Idris Shah (DSIS) (Second Class) award on
have to abstain in the selection Selangor State Economic Development Corporation (SEDC) acting
process. Again the minimum seven general manager Low Siew Moi, in conjunction with the Sultan’s
persons quorum requirement cannot 63rd birthday yesterday. The appointment of Low as the SEDC head
had sparked a row between certain quarters. The awarding of the
» Turn to Page 8 Datukship is seen as an implicit endorsement of her appointment.