PN: Appoint judges based on merit, not politics

KUALA LUMPUR: Perikatan Nasional (PN) has called on the government to review Article 121 of the Federal Constitution with the aim of restoring the judiciary's original powers as a co-equal branch of government.
PN chief whip Datuk Seri Takiyuddin Hassan said judicial independence is the foundation of a mature democracy and not merely an option.
He said Malaysians have the right to a legal system that is upheld "without fear or favour" and one that acts firmly, fairly, and independently.
This is one of PN's positions amidst the upcoming retirement of nine Federal Court judges, including the Chief Justice.
He said the Judicial Appointments Commission (JAC) must be given the proper space to carry out its functions without any political pressure, especially from the executive.
"Therefore, the names recommended must be based on merit, integrity, and seniority, not political connections or leanings," he said in a statement.
He also called for the establishment of a bipartisan Parliamentary Special Select Committee to monitor the appointment process to ensure accountability without compromising judicial independence.
Takiyuddin said Prime Minister Datuk Seri Anwar Ibrahim must also make an open commitment to act solely based on his role under the Constitution and relevant laws, and not interfere in the judicial appointment process and fully respect the doctrine of separation of powers.
"PN (also) proposes that Article 121 of the Federal Constitution, which was amended in 1988, be reviewed with the aim of restoring the judiciary's original powers as a co-equal branch of government," he said.
According to the Malaysian Bar Council, before the amendment, the Federal Constitution stated that judicial power was vested in the High Court of Malaya and the High Court of Sabah and Sarawak.
However, after 1988 when the amendment was made, the jurisdiction and power of the court "may be conferred by or under federal law."
Takiyuddin said these nine appointments are one of the greatest challenges and tests Malaysia's commitment to the principles of the rule of law and judicial independence.
"The firm statement by the Chief Justice Tun Tengku Maimun Tuan Mat, recently, serves as a very important reminder.
"She recalled the 1988 judicial crisis as the darkest moment in the country's constitutional history and warned that even the perception of political interference is enough to undermine public trust in the judiciary.
"Although the establishment of the JAC in 2009 was seen as a reform, genuine transparency and independence in the appointment process remain in question and are once again being scrutinised.
"With the upcoming appointment of a new Chief Justice and several other top positions, PN urges that this process be truly guided by the Federal Constitution and the relevant laws, and be entirely free from political influence or undue interference," he said.
He added that it would be deeply regrettable if there is any truth to reports of improper disputes among JAC members during the appointment process for the highest positions in the judiciary.
"Indeed, the decisions made today will determine the public's trust in the judiciary for decades to come.
"Therefore, PN will continue to play its role as a responsible check-and-balance entity, defending the independence of the judiciary from any form of influence or a return to the dark days of constitutional betrayal," he said.

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