Matters relating to the involvement of the Executive and its interference in judicial appointments must be kept in check when the Judicial Appointments Commission (JAC) is formed, said Bar Council chairperson S Ambiga.

“It must be appreciated that apart from the aim of taking the appointments and promotions of judges away from decision-making by one person in the judiciary, it is also important to ensure that there is no Executive interference in the process,” said Ambiga.

“The other danger that must be addressed relates to the situation that emerged in the Lingam tape inquiry that certain groups or individuals could influence judicial appointments,” she said.

Although the bar was pleased by the assurance given by Minister in the Prime Minister's Department Nazri Abdul Aziz to proceed with the setting up of JAC, Ambiga said the commission must be founded upon the principles of separation of powers and greater transparency.

“The composition of the JAC must reflect a fair representation of various stakeholders in the judicial system,” she said.

sapp chua soon bui nazri abdul aziz parliament 070708 03 Yesterday, the Star reported that Nazri, who has taken over as the de facto law minister, had met with attorney-general Abdul Gani Patail, chief justice Abdul Hamid Mohamad and Court of Appeal president Zaki Tun Azmi to discuss the JAC proposal.

“I have to meet all the stakeholders - judges, attorney-general and the bar to get their views and feedback ... we can discuss where the meeting point is,” the minister said.

Nazri added that the prime minister is still committed to judicial reforms and had assured in April that the government will establish a judicial appointments commission to identify and recommend suitable candidates for the judiciary to him.

The minister also told the daily that the JAC would be presided by the chief justice, president of the Court of Appeal, chief justice of Malaya, chief justice of Sabah and Sarawak, a senior judge and four member of the public.

Nevertheless, he added that the AG and lawyers of the bar will be excluded from the commission as there might be 'conflict of interest'.

No conflict of interest

Ambiga reiterated that appointing lawyers or members of the bar as a part of the commission would not reflect on the integrity of the judicial commission as “judges are obliged to no one and are guided only by their oaths of offices and their consciences”.

bar council egm isa 200908 ambiga “The bar's inclusion on the JAC will ensure that the views of the legal profession and the public will be put forward fearlessly … (But) to suggest that they (judges) may be influenced by the presence of lawyers on the JAC, is a disservice to their independence and integrity,” said Ambiga.

“They (judges) are not beholden to any appointing authority, not even the prime minister who presently recommends their appointment,” she said.

The bar chairperson also disagreed the use of the JAC only for newly appointed judges.

“Much of the unhappiness over the years has been over the utter abuse of the promotion process that is perceived to operate on patronage. It is imperative that both the appointment and the promotion processes are entrusted to the JAC,” said Ambiga.

Ambiga added that the prime minister's prerogative must be limited as there would be no point of establishing a JAC otherwise.

“There is little point in having a JAC if the prime minister is free to reject their recommendations in the entirety.

“We must remember that such an important body as the JAC must be carefully thought out and must be a model for all time,” said Ambiga.