Warisan legal adviser pushes for louder Sabah voice in judiciary, JAC

Summary

• Warisan legal adviser Chin Tek Ming says Sabahans are under-represented in the higher judiciary and JAC.

• He proposes that distinguished retired jurists from Sabah be appointed to the JAC.

Warisan legal adviser Chin Tek Ming has expressed concern regarding the state of representation within the judiciary, particularly in light of the upcoming retirements of Chief Justice Tengku Maimun Tuan Mat and Court of Appeal president Amar Abang Iskandar Abang Hashim next month.

While he welcomed the elevation of Lim Hock Leng, formerly a Kota Kinabalu High Court judge, to the Court of Appeal, he highlighted a pressing issue that continues to persist - the under-representation of Sabahans in the higher judiciary and the Judicial Appointments Commission (JAC).

“There is not a single Sabahan member among the nine members of the JAC. This omission is not only troubling to the legal fraternity in Sabah but also raises serious concerns about equitable representation and regional inclusivity within Malaysia’s national judicial framework,” he said.

To address this imbalance, Chin proposed that distinguished retired jurists from Sabah, including: Richard Malanjum, former chief judge of Malaya, David Wong Dak Wah, former chief judge of Sabah and Sarawak, and other retired High Court judges of Sabahan origin, be considered for appointment to the JAC.

According to Chin, these jurists have served with distinction and possess an unparalleled understanding of the legal, cultural, and societal context of Sabah and Sarawak.

“Their inclusion in the JAC would bring not only regional balance but also invaluable perspectives rooted in justice, integrity, and judicial independence,” he added.

Chin emphasised that in line with the Malaysia Agreement 1963 (MA63) and the principles of federalism and fairness, it is imperative that Sabah, as one of Malaysia’s founding partners, be adequately represented across all levels of the judiciary - including the Court of Appeal, Federal Court, and critically, the JAC.

Lasting representation

To ensure lasting representation, Chin made the following proposals:

• The establishment of a fixed minimum number of judges from Sabah and Sarawak in the Court of Appeal and the Federal Court;

• The creation of separate promotion pools for judges from Sabah and Sarawak to ensure fair consideration and advancement;

• The recognition of the disproportionate advantage in seniority enjoyed by judges from Peninsular Malaysia due to sheer numbers, which disadvantages Bornean judges in promotional pathways.

He said such measures are necessary to prevent a persistent lack of Bornean presence at the appellate levels and to ensure Bornean judicial experience is adequately represented, especially in cases involving local customs, native laws, and regional context.

Therefore, Chin urged Putrajaya and the judiciary to:

1. Ensure equitable representation of Sabahans in all future appointments to the Court of Appeal and Federal Court;

2. Appoint qualified Sabahans, including eminent retired judges, to serve as members of the JAC;

3. Recognise and uphold the constitutional rights and equal participation of Sabahans within all national institutions, especially the judiciary.

“The judiciary must reflect the diverse fabric of Malaysia, inclusive of voices from East Malaysia.

“Strengthening Sabahan representation will not only enhance the credibility and inclusiveness of our judiciary but will also reaffirm our national unity and respect for the constitutional foundations upon which Malaysia was built,” he added.

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