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 ©The
Star (Used by permission)
KUALA LUMPUR: Judicial reforms are still on and the setting up of the Judicial
Appointments Commission (JAC) will proceed although Datuk Zaid Ibrahim, who made
the proposals, has resigned from the Cabinet.
Minister in the Prime Minister’s Department Datuk Seri Nazri Abd Aziz, who has
taken over from Zaid, said Prime Minister Datuk Seri Abdullah Ahmad Badawi was
still committed to judicial reforms and the setting up of the JAC.
However, until the JAC is established, the appointment of the new Chief Justice
€“ to take over from Tun Abdul Hamid Mohamad, who is scheduled to retire soon -
will adopt the conventional method.
“I am sure the Prime Minister will consult others before making his decision,”
Nazri said in an interview with The Star.
Under the conventional method, the Prime Minister will advise the Yang
di-Pertuan Agong on the candidacy.
The King is required to act on the advice after consulting the Conference of
Rulers.
While the conference could scrutinise, call for further information or delay the
appointment, it does not have the jurisdiction to veto the Government’s
proposal.
On the proposed structure of the JAC, Nazri said it would be made up of the
Chief Justice, the President of the Court of Appeal, the Chief Justice of
Malaya, the Chief Justice of Sabah and Sarawak, a senior judge and four others.
The four, he noted, could also be members of the public with no legal
background.
“It can be someone with credibility like Tan Sri Lee Lam Thye,” said Nazri.
The Attorney-General and members of the Bar would not be included in JAC, he
said.
“There will be conflict of interest as prosecutors and lawyers appear before
judges,” he said.
He said the JAC would nominate candidates for the Prime Minister on who should
fill up vacancies in the judiciary.
He said he had noted concerns voiced by the Bar that under the present system,
the Chief Justice alone could nominate a candidate to be decided by the Prime
Minister, meaning that it lacked transparency.
“To me, in the past, there was a prime minister who abused the system. I agree
that we must restore public confidence in the judiciary,” he said.
With the establishment of the JAC, the nomination of candidates for the
judiciary would not involve the Chief Justice alone, he said.
Nazri, however, said the proposed JAC would not deal with promotions and
disciplinary matters involving judges.
Nazri to meet Bar over JAC
by Lee Yuk Peng
KUALA LUMPUR: Datuk Seri Nazri Abd Aziz has met up with the “stakeholders” over
the setting up of the Judicial Appointments Commission (JAC).
So far, the Minister in the Prime Minister’s Department met Attorney-General
Tan Sri Abdul Gani Patail, Chief Justice Tun Abdul Hamid Mohamad and Court of
Appeal president Tan Sri Zaki Tun Azmi over the matter.
Nazri, who has taken over from Datuk Zaid Ibrahim who was de facto Law Minister,
said he would soon be meeting up with representatives from the Bar on the JAC.
“I have to meet all the stakeholders -“ judges, Attorney-General and the Bar to
get their views and feedback.
“We can discuss where the meeting point is,” he said, adding that he would want
to listen to all quarters before making his proposal on the JAC to the Cabinet.
“I have to be neutral in this,” he said in an interview.
He said that any action he took would be aimed at enhancing the image and
credibility of the judiciary “and not punishing it.”
Nazri said he was looking at a system where there would be no abuse by the prime
minister and the chief justice would not be the only person who could recommend
candidates to sit on the Bench.
Prime Minister Datuk Seri Abdullah Ahmad Badawi had said that the Government
planned to set up the JAC to recommend to him the candidates for judiciary
positions, and to evaluate and vet them in a systematic and credible manner,
“based on clearly-defined criteria”.
However, the judicial reform was put on hold after Zaid, who presented his
proposals of JAC to the Cabinet mid-June, said he needed more time for it to be
tabled in Parliament as they were some in the Cabinet who did not agree to the
proposals.
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Circular No 106/2012: Accountant’s Report 2011
