Judicial Appointments Commission Bill introduced

2008/12/11
PM has power to sack JAC member

By : V. Vasudevan ( NST Online )


KUALA LUMPUR: The Judicial Appointments Commission (JAC), when formed, will recommend names for the appointment and promotion of judges to the Federal Court, Court of Appeal and High Court.
It will also be involved in the appointments of the chief justice of the Federal Court, the president of the Court of Appeal, the chief judge of Malaya and the chief judge of Sabah and Sarawak, and the appointment of judicial commissioners.However, the final say on all appointments remains with the prime minister who will advise the Yang di-Pertuan Agong on the appointments.The 23-page Judicial Appointments Commission Bill 2008, which will pave the way for the commission to be set up, was tabled by Prime Minister Datuk Seri Abdullah Ahmad Badawi yesterday.The bill outlines the functions and powers of the JAC and its composition.
The commission will consist of the chief justice of the Federal Court, who shall be its chairman, the president of the Court of Appeal, the chief judge of Sabah and Sarawak, chief judge of Malaya, a Federal Court judge to be appointed by the prime minister; and four eminent people who are not members of the executive or other public service.The Bar Council of Malaysia, Sabah Law Association, the Advocates Association of Sarawak, the attorney-general, the attorney-general of a state legal service or any other relevant body, will be consulted on the appointment of the four eminent members.

Their term of office is for two years and they cannot serve more than two terms.The commission is required to submit an annual report to Parliament on all its activities. Apart from nominating judges, the commission is empowered to review and recommend programmes to improve the administration of justice and forward other recommendations to the prime minister.The appointment of any JAC member may at any time be revoked by the prime minister without assigning any reason. The members can also tender their resignations at any time with a written notice to the prime minister.The appointment of any commission member may also be revoked, among other grounds, when the member is convicted of an offence involving fraud, dishonesty, moral turpitude, corruption or any other offence punishable with imprisonment of more than two years. The JAC members are obliged to disclose their relationship with any of the candidates under consideration.The bill defined these relationships as spouse, former spouse, sibling, uncle, aunt, cousin, sibling to spouse or former spouse and their uncle, aunt and cousin.The commission members are also required to disclose their connection with any candidate, which among others include their nominee, partner, former partner, spouse of a partner or former partner, a person practising in a firm linked to the commission member and a trustee of a trust under which the commission member or their family is a beneficiary.The bill outlined penalties if any of the members failed to disclose their interest in the candidate.Members who failed to disclose any connection are liable to a fine not exceeding RM100,000 or imprisonment up to two years, or both.The commission will meet when there is a request and it is required to select at least three people for each vacancy in the High Court, or at least two people for each vacancy in the Court of Appeal and Federal Court.In selecting the candidates, the commission will have to take into account the candidates' "integrity, competency, experience, objectivity, impartiality, fair and good moral character, decisiveness, ability to make timely judgments and good legal writing skills, industriousness and ability to manage cases well, physical and mental health".The bill states that any serving judge or judicial commissioner will not be considered for any appointment if they have three or more pending judgments or unwritten grounds that are overdue by 60 days or more.Once it had made its selection, the commission shall submit to the prime minister a report which will name the candidates and the reasons for selection. Should the prime minister be unhappy with any of the recommended candidates, he can ask for two more names to be added for his consideration.The prime minister will be required to tender his advice to the king on the candidate as stipulated under Article 122B of the Federal Constitution.
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