Friday 29 Mar 2024
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This article first appeared in The Edge Financial Daily on March 15, 2019

KUALA LUMPUR: The prime minister should only be allowed a limited role in vetoing the recommendations made by the Judicial Appointments Commission (JAC) in the appointment and elevation or promotion of judges.

Also, Malaysian Bar president George Varughese said the composition of the JAC should be expanded to include a representative each from the Malaysian Bar, Advocates Association of Sarawak, the Sabah Law Society and civil society groups.

This, he added, is to ensure a proper variety and selection process of capable judges and also improve the public perception of the judiciary.

At present, JAC can make the recommendations to the prime minister, who can reject them.

“I feel JAC should be given more bite as all it could do is make recommendations. I think it is proper for the JAC recommendations (to) be considered final.

“If the prime minister wants to veto, it should be limited to only once or not at all. This is to ensure that the prime minister would not have a say in the selection of judges,” he added.

 Under Article 122B of the Constitution, judges are to be appointed by the King on the advice of the premier, after consultation with the Conference of Rulers.

Varughese was giving an interview to reporters  as he ends his second term as the Malaysian Bar president.

On the formation of the Royal Commission of Inquiry (RCI) on the judiciary following revelations by Court of Appeal Judge Hamid Sultan Abu Backer over the alleged misconduct of several judges, Varughese said he believes the RCI needs to restore public confidence in the judiciary which has been affected by the expose.

“The judiciary has never really recovered after the 1988 matter and this is followed by the allegations on lawyer Datuk VK Lingam.

“I think and believe the formation of the RCI and subsequent proposal is a good opportunity to reform and improve the image of the judiciary to the pre-1988 days,” he added.

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