Rafizi Calls For Judicial Rci Pssc Probe Still Stand Over Unresolved Issues

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Pandan MP Rafizi Ramli has reiterated calls for a royal commission of inquiry (RCI) and the parliamentary special select committee (PSSC) on the judiciary, emphasising that recent controversies have highlighted the urgent need for reform.
ADSSpeaking to Malaysiakini, Rafizi said the new judiciary appointments, though welcomed, do not immediately resolve existing issues surrounding judicial appointments.
Hence, he stressed that he and eight other PKR MPs would continue to campaign for broader judicial reforms.
“The call for RCI and PSSC stands, because that is for the federal government to follow through.
“That is why, if you look at the last few paragraphs (in the initial statement), we alluded that, if anything, the last week of intense focus on the judiciary highlighted that there is an urgent need for reform, so that this will not repeat itself.
“Some of the things we pointed out there are up for discussion: the power of the prime minister to ignore Judicial Appointments Commission (JAC) recommendations should be tightened; the prime minister should also give official justification,” Rafizi said, referring to a suggestion by the MPs that the prime minister be required to justify rejection of JAC recommendations.
Prime Minister Anwar Ibrahim“So all those three things that we mentioned should be discussed or explored by way of RCI or PSSC. We are still calling on the executive to play its part.
“The RCI and PSSC are basically the next step because the improvements on the judicial appointments process can only come out of RCI and PSSC, and not the JAC as it is now,” Rafizi added.
Reforms must continue
Separately, electoral watchdog Bersih called for reforms on the judicial appointments process to continue.
In a statement today, the Bersih steering committee urged for the reduction of the prime minister’s power in appointing judges.
It provided several recommendations:
recognition of the JAC in the Federal Constitution
reshuffling the JAC’s composition to reduce the prime minister’s quota and include representatives of the Malaysian Bar, Sabah Law Society, Advocates Association of Sarawak, academia and civil society,
enforcing an obligation on the prime minister to publicly provide reasons for rejecting candidates proposed by the JAC, and
allowing the prime minister to reject a JAC candidate only once.
“Bersih insists that the government must fulfil its promise and commitment to respect the doctrine of separation of powers by improving the existing system.
“The worst judicial crisis that occurred in 1988 should be used as a boundary by all parties, especially the government, which created a perception where the judiciary is no longer respected,” it added.
Strengthen judicial independence
Earlier, Rafizi and the eight PKR MPs urged new Chief Justice Wan Ahmad Farid Wan Salleh to strengthen judicial independence by addressing five key issues, including filling 31 judicial vacancies and ensuring appointments are based on merit and seniority.
They also pressed for reforms to limit the prime minister’s power to reject JAC nominees, including requiring justification either to the JAC or Parliament, proposing automatic Bar representation in the JAC, and for Parliament to be involved in confirming judicial appointments.
The MPs reminded Prime Minister Anwar Ibrahim that concerns over judicial independence remain unresolved despite Wan Ahmad Farid’s appointment, stressing that reforms must be presented to the public and implemented.
In calling for the RCI on July 7, Rafizi raised concerns that a new judicial appointment scandal is shaping up, in the same vein as the VK Lingam episode in the mid-2000s, which led to the eventual formation of the JAC in 2009.
Apart from mooting the RCI, Rafizi and the PKR MPs, many of whom had contested the March party polls as a part of his “Hiruk” team, also called on Anwar to face a PSSC proceeding.
Alleged JAC minutes leaked, probes begin
On July 15, police once again questioned Malaysiakini over the source of a leak involving what purportedly transpired at the JAC meeting, which led to a police report being lodged on behalf of a senior judge.
Officers from Bukit Aman’s Classified Crimes Unit posed additional questions to Malaysiakini executive editor RK Anand on the identity of the source behind the leak.
But as in the previous session, Malaysiakini refused to divulge any names, citing journalistic ethics.
The probe was triggered after Malaysiakini contacted the said senior judge on June 12 to seek comment on allegations said to have been made during a JAC meeting.
New CJ in after rife speculations
Wan Ahmad Farid, a Court of Appeal judge, was appointed as the new chief justice of Malaysia, succeeding Tengku Maimun Tuan Mat, who retired on July 2.
The Office of the Chief Registrar of the Federal Court announced that the appointment was made pursuant to Clause (1) of Article 122B of the Federal Constitution.
His Majesty the Yang di-Pertuan Agong gave his royal assent following the advice of the prime minister and consultation with the Conference of Rulers.
New Chief Justice Wan Ahmad Farid Wan SallehThe statement, issued at midnight, also confirmed two other senior judicial appointments: Federal Court judge Abu Bakar Jais as the new president of the Court of Appeal, and Court of Appeal judge Azizah Nawawi as the chief judge of the High Court of Sabah and Sarawak.
Speculations were rife on the names of those who would be succeeding Tengku Maimun.
Rafizi previously warned that the senior judge accused of judicial interference may become the chief justice.
During a forum on the judiciary last week, Rafizi predicted that this will start with acting chief justice Hasnah Hashim and acting Court of Appeal president Zabariah Yusof being officially appointed to the posts soon, while the implicated judge will be officially nominated as the chief judge of Malaya. -Mkini

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