New Cj Only After Next Rulers Conference Says Azalina
The law and institutional reform minister says the Judicial Appointments Commission's role is to screen and recommend new judges, but it is 'not a final step in the appointment process'.
The constitution must be amended if the Judicial Appointments Commission’s recommendations are to be made legally binding, said Azalina Othman Said.PETALING JAYA: The appointment of a new chief justice to head the judiciary will be decided only after the next Conference of Rulers, scheduled for July 15-17, according to the minister for law and institutional reform, Azalina Othman Said
Under the constitution, appointment of judges to the Federal Court, Court of Appeal and the High Courts are made by the Yang di-Pertuan Agong on the advice of the prime minister, and after consulting the Conference of Rulers.
Azalina said recommendations by the Judicial Appointments Commission on the appointment of new judges are not binding, Bernama reported.
Speaking to reporters in Pengerang, Johor, she said the commission’s role under current law is to screen, evaluate and recommend candidates for appointment as judges. The recommendations are made to the prime minister.
Azalina said the commission’s recommendations are “not a final step in the appointment process. It only recommends names, and these recommendations are not binding”. The constitution would need to be amended if the commission’s role is to be made legally binding.
She also cited a previous explanation by former law minister Nazri Aziz, who had stated in Parliament that the commission is an administrative provision without binding legal effect.
Azalina’s comments come in the midst of criticisms over delays in the appointment of senior judges following the retirement of the chief justice and president of the Court of Appeal, and impending vacancies in the superior courts.
The Malaysian Bar has planned a protest march tomorrow. Azalina said it is within their democratic right, as long as it is carried out professionally and within the boundaries of the law.
“If they want to march, that is their right. As lawyers, I believe most of them are professionals who understand the constitution and the JAC Act,” she said. - FMT
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