Malaysia About To Descend Into A Constitutional Crisis

---

The palace cautions all people against politicizing the appointments of judges While Rafizi Ramli and a group of MPs are asking for a Royal Commission of Inquiry (RCI) into the selection of judges and the Bar Association and other NGOs are planning a march, the Yang Di-Petuan Agong (YDPA) has cautioned anyone politicizing the issue. According to Article 122B of the Federal Constitution, the palace noted that the appointment of judges is made by the Yang di-Pertuan Agong on the advice of the prime minister, after consultation with the Conference of Rulers. This means the YDPA must adhere to the advice given to him by the prime minister of the day, and then seek council with the Conference of Rulers before making any appointment. Consequently, there is no constitutional status of the Judicial Appointments Committee (JAC), which is clearly show to be only an advisory body to the prime minister. Allegations that the prime minister doesn’t necessarily follow the recommendations of the JAC makes the issue political, if not murky, if there is no transparency. This shows there are no real ‘checks and balances’ on the appointments of senior judges. Recommendations of names sent to the YDPA come only from the prime minister (as specified within Article 122 of the Constitution). One would hope there has been some cabinet discussion on the issue, but constitutionally wise, this is not mandatory. Thus, the Judicial Appointments Commission (JAC) Act 2009 does not constitutionally carry any weight. Its purely advisory, unless the Constitution is changed
Last Monday 7 and later two other MPs called for an RCI on the selection of judges, and on Monday the Bar Association is marching on the issue in a “Walk to Safeguard Judicial Independence”. The Attorney-General’s Chambers entered into the issue, even though the AGC is not involved in the selection of judges in any way, leading to more conjecture. The law minister Azalina Othman said on July 9, that judicial appointments went through the cabinet and then the position was filled in accordance with the constitution which means the prime minister. Effectively the statement from the palace sides with the prime minister Anwar Ibrahim and could be construed as being partisan on a political issue. This potentially places MPs and members of the legal profession into direct conflict, unless one side backs down. The political discussion on the selection of judges and tampering with the legal process could easily turn into a constitutional issue between the power of the YDPA and freedom of speech. The events of the next few days will decide whether a constitutional crisis develops between the palace and legal profession and elected MPs. Source : Murrayhunter
The post Malaysia about to descend into a constitutional crisis? appeared first on Malaysia Today.

---