Lawyer withdraws JAC Act challenge after govt assures improvements

Summary

• Senior lawyer Syed Amir Syakib Arsalan Syed Ibrahim has withdrawn his judicial review challenging the constitutionality of the Judicial Appointments Committee (JAC) Act 2009.

• This is after law minister Azalina Othman Said said the Act is open to improvement and reform.

• Syed Amir expressed satisfaction that recent senior judicial appointments were made in accordance with Article 122B of the Federal Constitution, removing immediate concerns about judicial leadership.

Senior lawyer Syed Amir Syakib Arsalan Syed Ibrahim has withdrawn his judicial review application filed in May, challenging the Judicial Appointments Committee (JAC) Act 2009.

In a statement today, he said he instructed his legal team to discontinue proceedings, including the application to refer constitutional questions to the Federal Court under Article 128(2) of the Federal Constitution.

“This decision follows recent public statements by the honourable Law and Institutional Reform Minister, Azalina Othman Said, who has acknowledged that the JAC Act is open to improvement and that the government is willing to engage with all stakeholders in efforts to reform and strengthen the legislative framework governing judicial appointments.

“Given the government’s clear position and willingness to address the concerns raised, I am of the view that the constitutional challenge is no longer necessary at this juncture,” he added.

Syed Amir said that he initiated the civil suit in good faith to test the constitutional validity of the JAC Act, raise awareness of its structural shortcomings, and invite a public conversation on the need for institutional safeguards consistent with the Federal Constitution.

“I hope that, through this litigation, the legal fraternity, Parliament, and civil society now better appreciate the constitutional implications of the current judicial appointment process,” he said.

In May this year, he filed a judicial review arguing that the JAC Act is unconstitutional.

Syed Amir initially sought 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 also sought 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 until the court fully resolves the issue. The challenge came just before the chief justice at the time, Tengku Maimun Tuan Mat, was scheduled to retire in June.

Review judicial appointments framework

Syed Amir said the questions he raised in his originating summons, particularly regarding Articles 122B, 125, and 132 of the Federal Constitution, the role of the prime minister, the discretion of the Yang di-Pertuan Agong, and the doctrine of separation of powers, remain of enduring importance.

“I respectfully urge the government to study them in good faith, including whether constitutional amendments are required to align the JAC framework with our constitutional structure and values.

“With the recent appointments of the chief justice and president of the Court of Appeal having been completed in accordance with Article 122B of the Constitution, I am also satisfied that there is no immediate prejudice or uncertainty affecting the leadership of the judiciary,” he added.

On July 18, Court of Appeal Judge Wan Ahmad Farid Wan Salleh was named as the new chief justice of Malaysia, succeeding Tengku Maimun, who retired on July 2.

The Office of the Chief Registrar of the Federal Court announced that the appointment was made pursuant to Clause (1) of Article 122B of the Federal Constitution. The Yang di-Pertuan Agong gave his royal assent following the advice of the prime minister and consultation with the Conference of Rulers.

The statement, issued at midnight, also confirmed two other senior judicial appointments: Federal Court Judge Abu Bakar Jais as the new president of the Court of Appeal, and Court of Appeal Judge Azizah Nawawi as the chief judge of the High Court of Sabah and Sarawak.

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