PETALING JAYA: A more diverse and independent mechanism can be introduced when it comes to the selection of the five Judicial Appointments Commission (JAC) members, says the Yang di-Pertuan Besar Negri Sembilan.
Tuanku Muhriz Ibni Almarhum Tuanku Munawir said those selected must be independent from any form of political influence and reflect the diversity of our multi-racial society and the composition of the Federation namely Peninsular Malaysia, Sabah and Sarawak.
"Members from diverse and independent backgrounds will allow more stakeholders to be represented, thus broadening the expertise in the judicial appointments process whilst maintaining the Commission’s independence," he said.
Tuanku Muhriz said this in his royal address at the official book launch of “Upholding The Federal Constitution: The Judicial Thoughts Of Datuk Seri Hishamudin Yunus” on Wednesday (Dec 14).
Also present at the event was Chief Justice Tun Tengku Maimun Tuan Mat.
The Negri Sembilan Ruler also reminded of his recent address as the Chairman of the 260th Ruler’s Conference, where he had emphasised the need to reform the existing judicial appointment process.
Tuanku Muhriz said that while the main intention of the Commission is to uphold the independence of the judiciary, it appears that its governing provisions may not be in accordance with such intent.
"As it stands, the prime minister appoints five of the nine members of the JAC. Under the Constitution, he also has the final say in the appointment of judges to the superior courts,” said Tuanku Muhriz.
"We need to be guided by the principle of separation of powers of the Executive, the Legislature and the Judiciary. To achieve this, some reforms need to be considered to strengthen the independence of the Commission, and ultimately the judiciary,” he added.
Tuanku Muhriz then said that diverse and independent mechanisms when it comes to the selection of the five eminent persons on the Commission could be introduced.
Tuanku Muhriz also said that he had been advised that it is equally important for the Judicial Appointments Commission Act 2009 to be made part of the Constitution and not remain as an Act of Parliament.
"I urge civil society and other stakeholders to take the lead for meaningful discussions to be taken to achieve this aspiration of judicial independence as a means to uphold the Constitution, the supreme law of the land,” he said.
"Lest we forget, the rakyat go to court to seek and obtain justice. Be it a criminal appeal, an appeal against the decision of the government or one of its agencies, or a private matter, the public sees the courts as their avenue to seek justice," added Tuanku Muhriz.
He said that it is surprising that the recent political developments in Malaysia have led to many discussions on the Constitution.
"Matters pertaining to the governance of the nation require us to consult and be guided by the Constitution," he said.
Tuanku Muhriz added that the courts have observed that the constitution is not a mere collection of pious platitudes.
"It is the supreme law of the land embodying three basic concepts; one of them is that the individual has certain fundamental rights upon which not even the power of the state may encroach. In this regard, the judiciary has a role to perform as they are the guardians of the constitution," he said.
At the book launch, he applauded the former Court of Appeal judge – Hishamudin - who he described as someone who has "given his life to many provisions in the Constitution, especially those 10 relating to fundamental rights."
"His years on the Bench are remembered for his integrity and independence, which
paved his unwavering commitment to uphold the supremacy and sanctity of the constitution," said Tuanku Muhriz.
He said that Hishamudin's decisions include many significant dissenting judgments and added that they are based on his appreciation of the law.
Tuanku Muhriz then said that Hishamudin had elegantly embraced ever-evolving common law principles and applied them judiciously with the sole aim of delivering justice without fear or favour.
