Bar seeks to appear in legal challenge against JAC Act

Summary

• The Malaysian Bar expresses its intention to appear in a legal challenge against the Judicial Appointments Commission Act 2009.

• Bar president Ezri Abdul Wahab says the civil law and law reform committee is preparing proposed amendments to the act as well.

The Malaysian Bar today expressed its intention to appear in a legal challenge against the Judicial Appointments Commission (JAC) Act 2009.

Bar Council president Ezri Abdul Wahab said the professional body's civil law and law reform committee is preparing proposed amendments to the Act as part of its engagement with the government.

He referred to Prime Minister Anwar Ibrahim's statement yesterday, in which the premier reaffirmed his administration's efforts to reform judicial appointments.

"We take note of the prime minister’s unequivocal assurance that there shall be no interference whatsoever in the judicial process.

"This assurance is vital in preserving public confidence in the separation of powers and the integrity of the legal system," Ezri said in a statement.

Yesterday, Anwar said that the government intends to undertake a comprehensive review of the JAC framework.

His comments came after lawyer Syed Amir Syakib Arsalan Syed Ibrahim filed a judicial review arguing that the JAC Act is unconstitutional.

Right to seek court decisions

Ezri said Syed Amir's legal challenge is a demonstration of every Malaysian citizen's right to seek court decisions on constitutional issues.

"This right forms the bedrock of our democratic fabric and stands as a living embodiment of the rule of law - a principle that must be vigilantly protected and carefully nurtured," he said.

He added that legal challenges should not be sensationalised, but instead greeted with principled discourse.

"The Malaysian Bar reaffirms its unwavering commitment to upholding the rule of law, safeguarding the independence of the judiciary, and supporting reforms that enhance the credibility and resilience of our legal institutions.

"We have full confidence in the judiciary’s pivotal role as the guardian of the Federal Constitution and the final arbiter in matters of constitutional interpretation," he said.

Constitutional interference

Syed Amir is seeking a declaration from the Kuala Lumpur High Court that the powers granted to the JAC go against the Constitution, specifically Article 122B, which outlines the process for appointing judges to the Federal Court, Court of Appeal, and High Courts.

He reportedly argued that the JAC Act interferes with the constitutional process and judicial independence by allowing the prime minister and government officials to influence judicial appointments, which is against international standards for an independent judiciary.

He is also seeking a court order compelling the prime minister and government to follow the proper judicial appointment process without interference from the JAC.

Pending a resolution of the case, he urged the court to grant an interim stay on all judicial appointments made under the JAC Act 2009 until the court fully resolves the issue.

The challenge comes as Chief Justice Tengku Maimun Tuan Mat is scheduled to retire in June.

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