The Judicial Appointments Commission (JAC) roars loudly as if it is serious about reforming the judiciary, but crawls slowly in addressing real grievances, said Opposition Leader Anwar Ibrahim.

Continuing the Pakatan Rakyat assault during the debate following the second reading of the Bill, he zoomed in on the powers vested in the prime minister to recommend the appointment and promotion of judges.

anwar and parliament “Why can’t the issue of appointment of the commissioners and the judges be modeled on the appointment of commissioners in the Election Commission, where the chairperson is appointed by the Agong, even if this itself has (revealed) problems?” Anwar asked.

“The power to appoint the commissioners and make recommendations (in the JAC Bill) is left to the discretion of only the prime minister. It is very rare that a prime minister is vested with such powers, which are usually accorded to the Agong.”

This, Anwar said, would tamper with the commission’s ability to operate independently of the executive.

He further said that, when there is the perception that the judiciary is not impartial, keeping such powers in the hands of the prime minister is hardly likely to address the erosion of public confidence.

The provision to comply with an article in the federal constitution, empowering the prime minister to make recommendations to the Agong on candidates for judges.

“I appreciate the initiative taken by the prime minister but I cannot detect strong support (for reform of the judiciary), as with the Malaysian Anti-Corruption Commission (MACC) Bill ,” commented Anwar.

“(But) we have a weak Bill in this (proposed) JAC. It is merely here to fill a gap without addressing existing problems in the judiciary.”

‘Matter of perception’

Anwar repeated the willingness of all three parties in the opposition coalition to support the Bill, provided there are constitutional amendments that pave the way for independence of the proposed JAC.

“We are worried about the powers given to the prime minister and we know what will happen. That is why the provision (to make recommendation and appoint) cannot be left to the discretion of just one person,” he said.

“We admit that we cannot deny the role of the prime minister in this matter but he must be tied to the law... the power to appoint and terminate (commissioners) is too important for it to be left under the control of one person.”

malaysia parliament parlimen BN backbenchers including Puad Zarkashi (BN-Batu Pahat) and Tajuddin Rosli (BN-Pasir Salak) argued that the issues linked to the judiciary are just a matter of perception.

“Even if the government is serious about upholding the integrity of the judiciary, it will fail to do so if the (opposition’s) perception of this intention remains negative,” said Puad.

The Bill, tabled on Dec 12 by Prime Minister Abdullah Ahmad Badawi, has been touted as one of his key measures towards 'reform' of the judiciary.

However, its contents have proved a disappointment, giving wide powers to the premier of the day to decide on who is appointed to the commission, as well as those appointed to - or promoted within - the judiciary.

There is also much disquiet over the speed with which this and other key Bills are being pushed through the Dewan Rakyat, which is due to adjourn tomorrow after an extended sitting.