Acting chief justice convenes 'urgent' JAC meeting, reason unclear - report

Summary

• Acting CJ Hasnah Hashim convened an urgent Judicial Appointments Commission meeting today, sources say.

• The JAC, now with only seven members after recent retirements, is responsible for recommending candidates for superior court appointments.

Acting Chief Justice Hasnah Hashim has called for an urgent Judicial Appointments Commission (JAC) meeting today, according to reports.

Online portal Free Malaysia Today quoted a source who said that the meeting is slated for 3pm, despite Section 13(2) of the JAC Act 2009 requiring at least 10 days written notice to commission members.

Hasnah, who officially assumed the role of acting chief justice yesterday, chairs the commission by virtue of her position as the nation’s top judge.

“The purpose for meeting on an urgent basis is unclear,” said the source as quoted by FMT.

Under Sections 13(4) and (5) of the JAC Act, the quorum for meetings is seven members. However, if any members are disqualified, the quorum may be reduced to a minimum of five.

Following the mandatory retirements of former chief justice Tengku Maimun Tuan Mat and Court of Appeal president Abang Iskandar Abang Hashim earlier this week, only seven members remain on the commission.

Hasnah, as chief judge of Malaya, and Abdul Rahman Sebli, as chief judge of Sabah and Sarawak, sit on the JAC by virtue of their judicial posts.

Other current JAC members include former attorney-general Idrus Harun, retired Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid, and Universiti Teknologi Mara legal adviser Hartini Saripan, all of whom were appointed as eminent persons by Prime Minister Anwar Ibrahim last year.

In March, the prime minister also appointed Federal Court judge Zabariah Yusof to the JAC.

JAC’s role

The JAC is responsible for recommending candidates for appointment or elevation to the superior courts – the Federal Court, the Court of Appeal, and the High Courts.

According to FMT, sources said a list of nominees for the country’s top judicial posts, including the chief justice, president of the Court of Appeal, chief judge of Malaya and chief judge of Sabah and Sarawak, had already been submitted to the Prime Minister’s Office during Tengku Maimun’s tenure.

Article 122B(1) of the Federal Constitution states that appointments to these positions are made by the Yang di-Pertuan Agong, acting on the advice of the prime minister, and after consultation with the Conference of Rulers.

The next Conference of Rulers meeting is scheduled to be held in two weeks.

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