KUALA LUMPUR (April 9): The government said it is committed to undertaking a comprehensive review of the Judicial Appointments Commission (JAC) framework, even as it intends to "vigorously defend" the constitutionality of the JAC Act 2009 in the face of a constitutional challenge filed in court.
In a statement on Wednesday, Prime Minister Datuk Seri Anwar Ibrahim acknowledged the legal challenge raised by a lawyer, Datuk Syed Amir Syakib Arsalan Syed Ibrahim, saying the government respects the right of individuals to seek judicial clarification on matters of constitutional interpretation. He emphasised that there would be "no interference whatsoever in the judicial process".
"The Act, enacted in 2009, was designed to promote greater transparency and meritocracy in the appointment of judges while preserving the role of the Yang di-Pertuan Agong and the prerogatives of the Malay Rulers as enshrined in the Federal Constitution.
"That said, we recognise that no law is above scrutiny, and we are aware of legitimate concerns that have been raised over the years about the JAC’s structure, its composition, and the extent of its influence over judicial appointments," Anwar stated.
The legal challenge contends that the JAC Act violates the separation of powers and undermines judicial independence by allowing government officials, including the prime minister, to influence judicial appointments.
Since its establishment in 2009, the JAC has made 521 judicial appointments, including four chief justices of Malaysia and five presidents of the Court of Appeal.
The most recent judicial appointments by the JAC were Datuk Seri Hasnah Mohammed Hashim as Chief Judge of Malaya, and former attorney general Datuk Ahmad Terrirudin Salleh as a Federal Court judge.
The constitutional challenge seeks an interim stay on all judicial appointments under the JAC Act until the court resolves the issue.
"While we will vigorously defend the Act in court, the government is also committed to undertaking a comprehensive review of the JAC framework," Anwar said, adding that consultations will be conducted with the judiciary, the Malaysian Bar, civil society, and the Conference of Rulers.
The goal, the prime minister said, is to enhance public trust and protect judicial independence.
"It is vital that any reform must preserve our constitutional monarchy, respect the separation of powers, and uphold the rule of law in a manner that serves the long-term stability and democratic health of our nation," he added.