PROHAM notes that the positions in respect of the 4 eminent persons to be appointed to sit in the Judicial Appointment Commission has not been filled. Section 5(1)(f) of the Judicial Commission Act (JCA) 2009 clearly provides for the appointment to be made by the Prime Minister after consulting the Bar Council of Malaysia, the Sabah Law Association, the Advocates Association of Sarawak and the Attorney General.
Section 2 of the JCA clearly provides the duties and responsibilities to uphold the continued independence of the judiciary and in particular Section 2(c) which states that public interest needs to be properly represented in regards to matters relating to the judiciary, the administration of justice and related matters. Hence the 4 eminent persons play an important role in the Commission. Further, this is also to ensure transparencies in all judicial appointments. In the absence of the 4 eminent persons, the Judicial Commission will not be able to play its role and responsibilities, to the detriment of our society. It is disheartening to note that the process of consultation has not started given the importance of such appointments.
PROHAM urges that the process of consultation be commenced immediately and the Prime Minister appoints the 4 eminent persons that is recommended by the 3 Bars as stakeholders. This is to ensure that those appointed are truly independent of the Executive and the Judiciary.
Datuk Kuthubul Zaman Bukhari
Chairman of PROHAM