JAC Act reform requires comprehensive review, constitutional amendment

KUALA LUMPUR: Any reform to the Judicial Appointments Commission (JAC) Act 2009 would require a comprehensive review, including amendments to the Federal Constitution.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said explained that the Act was tabled and passed in Parliament without any corresponding amendments to the Federal Constitution.
"Our current discussion revolves around whether one is satisfied or dissatisfied with the existing structure of the Act.
"If there is an intention to amend it, a comprehensive review must be undertaken, which includes amending the Constitution or introducing a new Act along with constitutional amendments.
"The issue here is that no law may override the Constitution. That is the rule of law," she said during a Townhall session with law students at Universiti Malaya today.
She was responding to a question regarding her views on the Chief Justice, Tun Tengku Maimun Tuan Mat's proposal to amend the JAC Act to remove the Prime Minister's role in advising the Yang di-Pertuan Agong on judicial appointments.
Azalina emphasised that regardless of any views expressed, the Federal Constitution remains supreme over any Act of Parliament.
"Nonetheless, if we are to consider the future direction of the JAC Act, an in-depth evaluation is necessary.
"Should the government so direct, the Legal Affairs Division policy unit is capable of undertaking one," she said.
At present, the appointment of judges is governed by Article 122B of the Federal Constitution, which provides that such appointments shall be made by the Yang di-Pertuan Agong, acting on the advice of the prime minister after consulting the Conference of Rulers.
– Bernama

Try Our AI Features

Explore what Daily8 AI can do for you:

Learn with AIFact CheckingText to SpeechAI Summary

Related Articles

The Star

39 minutes ago

• The Star

Najib's DNAA: Material documents unavailable because held up in 1MDB trial, says AGC

PETALING JAYA: All aspects will be examined and considered before taking any further action on the temporary discharge of Datuk Seri Najib Razak three counts of money laundering involving RM27mil linked to SRC International Sdn Bhd, says the Attorney General's Chambers (AGC). The AGC said there were some documents which were material for the current SRC International trial, and the prosecution had no choice but to wait until the relevant material documents were obtained after the 1MDB trial proceedings were completed. "It should be emphasised that the material documents are already available but are being used as evidence in the ongoing 1MDB trial," the AGC said in a statement on Friday (June 20). "The prosecution has requested time to gather all relevant material documents to be presented as evidence and testimony in the second SRC trial. This delay is not intentional but is to ensure that the integrity of the documents as evidence in the trial is always maintained. "The department is aware that this case has attracted public attention as it involves the former prime minister of Malaysia and throughout the proceedings before the Court, the department has taken action in accordance with the limits of the independence of the prosecution and the legal process. "The case was registered at the High Court on Feb 7, 2019 and has been set for trial five times in June 2020, July to August 2021, March to April 2022, September 2024 and April and May 2025." It said all trial dates of the case have been postponed for the following reasons: (i) Movement control order due to the Covid-19 pandemic; (ii) Application by the accused's counsel; or (iii) The prosecution's own application. The application for adjournment made by the prosecution is because (i) The trial proceedings of the first SRC case were still ongoing at that time at the High Court, Court of Appeal and Federal Court levels until fully completed on March 31, 2023; (ii) At the same time, the 1MDB trial proceedings had also begun while the first SRC case was still pending. Both cases above involved the use of some of the material documents that would be used in the second SRC trial. "This department emphasises that the allegations by certain parties that this department carries out "defective prosecution" are completely unfounded. This department always maintains the highest level and quality in line with the expectations of the people. "This department remains committed to upholding the rule of law and will continue to carry out its responsibilities under the Federal Constitution with integrity, fairness and respect for the judicial process," it said. Earlier, Judge K Muniandy allowed the defence's application for a DNAA over three money laundering charges involving RM27mil from SRC International Sdn Bhd, citing the prosecution's lack of preparedness to proceed with the trial, which has been postponed numerous times since 2019. The court was informed that the prosecution had yet to obtain the necessary documentary evidence. The delay, the judge noted, had denied the accused the right to a fair and timely resolution of the case. A DNAA means the accused is temporarily discharged from the charges but may still be prosecuted for the same offences in the future if the prosecution so decides.

New Straits Times

an hour ago

• New Straits Times

Cuepacs supports gag order but urges fair implementation

KUALA LUMPUR: There has been a rise in public statements on social media that occasionally distort facts, misrepresent government decisions, or damage the image of public servants and the government as a whole, said Congress of Unions of Employees in the Public and Civil Services (Cuepacs) president Datuk Dr Adnan Mat. As such, the government's circular issued yesterday, prohibiting public servants from making any public statements, whether orally or in writing, that could undermine government policies, plans, or decisions on any issue, serves as a reminder of existing regulations. "We view this directive as an important measure to uphold the professionalism, integrity, and accountability of public servants, especially in an era of rapidly evolving digital communication. "There has been a proliferation of provocative, misleading, or incomplete content shared publicly, which may erode public trust in government policies and direction. "Thus, this circular is seen as a proactive step to address these issues and safeguard the reputation of the public service," he told the New Straits Times. He said the circular published yesterday must also be implemented fairly, transparently, and in accordance with due process, without suppressing the right of public servants to voice their concerns through formal and internal mechanisms. He said that addressing the matter with feedback and constructive dialogue was essential, through proper internal channels. "Cuepacs is also concerned about the growing trend of public servants engaging in live streaming during working hours, with content that does not reflect the ethics and professionalism expected in the public service. "Such actions create negative public perceptions and risk further tarnishing the image of Malaysia's civil service, whose primary responsibility is to deliver quality services to the people," Adnan said. However, National Council of Professors president Emeritus Professor Datuk Dr Raduan Che Rose voiced concern that the circular risks undermining open, constructive policy debate, especially on platforms where scholars contribute alternative ideas to improve governance. He recommended that the directive be retracted or revised with clear safeguards. "The council recommends that the directive be revised to distinguish between political commentary and academic or professional policy input, accompanied by guidelines on what constitutes 'undermining' versus 'constructive criticism', and align it with international best practices that uphold professional neutrality while allowing civil servants to contribute meaningfully to public discourse," he said. Raduan said that if scholars fear consequences for honest analysis, it may result in the erosion of public trust in academic institutions, stifle intellectual innovation, and lead to a lack of checks and balances from the civil service itself. "Article 10 of the Federal Constitution includes the right to engage in critical inquiry, research, and evidence-based policy discourse, even when such views challenge prevailing government narratives. "A vague or broadly worded prohibition invites selective enforcement and may infringe constitutional rights," he said. Nonetheless, Human Rights Commission of Malaysia (Suhakam) commissioner Ragunath Kesavan did not flag any constitutional violations. "As an employee, there is a general duty to maintain confidentiality and not to injure the reputation of the employer," he said. However, he added that the circular does not absolve civil servants of their responsibility to report wrongdoings, criminal acts, dishonesty, or abuse. "By law, there is a duty to report any purported criminal offence. Not doing so is, in itself, an offence. "Civil servants must be cautious and vigilant to ensure that they carry out their duties diligently and lawfully. The circular does not apply to cover up wrongdoing," he cautioned, referring to all offences under Malaysian law, including corruption. Yesterday, the government issued a circular titled 'Prohibition on Making Public Statements Under Subregulation 19(1) of the Public Officers (Conduct and Discipline) Regulations 1993 (P.U. (A) 395/1993)', dated June 19, 2025, and signed by Public Service Department (PSD) director-general Tan Sri Wan Ahmad Dahlan Abdul Aziz.

New Straits Times

4 hours ago

• New Straits Times

[UPDATED] Mohd Khalid appointed IGP on contract, effective June 23

KUALA LUMPUR: The Yang di-Pertuan Agong has consented to the appointment of Datuk Seri Mohd Khalid Ismail as the new Inspector-General of Police on a two-year contract, beginning June 23, 2025, until June 22, 2027. Home Minister Datuk Seri Saifuddin Nasution Ismail announced the appointment today, stating that it was made in accordance with Clauses 4 and 5 of Article 140 of the Federal Constitution, with the advice of the Prime Minister and the recommendation of the Police Force Commission. "Khalid brings with him vast experience and leadership qualities in policing and national security. "His appointment ensures continuity in leading the police (force)," Saifuddin said in a statement today. Born on April 8, 1965, in Manong, Perak, Khalid holds a Master's Degree in Comparative Laws from the International Islamic University Malaysia (IIUM). He began his career in the police force on April 5, 1987, joining the Special Branch at federal police shortly after completing his basic police training. Throughout his career, he served in various key roles both domestically and abroad, including as deputy director of Special Branch I at federal police and as Security Liaison Officer (SLO) in London, United Kingdom. "He was promoted to director of Special Branch on April 10, 2023, and retired on April 8, 2025. However, his service was extended on a contract basis from April 8, 2025, and now continues with his new appointment as IGP. "On behalf of the Madani government, I also express appreciation to the outgoing IGP, Tan Sri Razarudin Husain, for his service since June 23, 2023. "We extend our deepest gratitude to Razarudin for his dedication and contributions throughout his tenure," he said, adding that the government also congratulated Khalid on his appointment and wished him every success in leading the police force. In his speech during the Handing Over of Duties Ceremony at the Police Training Centre, Saifuddin said the appointment of Khalid is a trust and a responsibility to ensure the nation's safety and security. Saifuddin said the position of IGP is not a privilege, but a solemn duty that carries immense accountability. "The role of a leader is to bring prosperity, and that must come with responsibility and accountability. "This appointment is not a reward. It is a trust and a duty placed upon Khalid as the new Inspector-General of Police to lead this respected force," he said, highlighting the expectations that come with leading the police force as the country navigates increasingly complex security challenges both domestically and abroad.