KOTA TINGGI: The Judicial Appointments Commission (JAC) Act 2009 does not carry binding authority in the appointment of judges, says Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister’s Department (Law and Institutional Reform) said the Act’s main role was to screen, evaluate and recommend candidates to the Prime Minister, while appointments to the Federal Court, Court of Appeal, and High Court must still follow Article 122B of the Federal Constitution.
"The JAC Act is not a final step in the appointment process. It only recommends names, and these recommendations are not binding.
"For JAC’s role to be legally binding, the Constitution would need to be amended,” she told reporters after officiating the 22nd Pengerang Umno division delegates meeting on Sunday (July 13).
Azalina also cited a previous explanation by former minister in the Prime Minister’s Department, Datuk Seri Mohamed Nazri Abdul Aziz, who clarified in Parliament that the JAC Act was an administrative provision and does not have binding legal effect.
On the planned march by the Malaysian Bar on Monday (July 14), Azalina said it was within their democratic right, as long as it was 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 Article 122B and the JAC Act 2009,” she said.
Meanwhile, Azalina said that the appointment of a new Chief Justice would only be decided after the 269th Conference of Rulers, scheduled to be held from July 15 to 17.
On Saturday (July 12), Muslim Lawyers Association (Pembela) chairman Datuk Zainul Rijal Abu Bakar urged for the appointment process to be expedited, citing the recent and upcoming retirements of several senior judges.- Bernama
