“Care to comment on JAC appointment issue?” Najib asks Tun M, Tommy Thomas
A POSTING aired on Datuk Seri Najib Razak’s Facebook page has called for Tun Dr Mahathir Mohamad and Tan Sri Tommy Thomas to comment on news reports yesterday (Nov 30) that the Conference of Rulers wants the Prime Minister (PM) to not be allowed to appoint anyone to the Judicial Appointments Commission (JAC).
“Yesterday the Conference of Rulers it has been decreed that the JAC should be free of influence from the prime minister,” the posting read.
“Can (Dr Mahathir and former attorney-general Thomas) comment on this matter given that they had repeatedly violated the JAC Act by appointing judges of their choice (when in government)?
“Don’t pretend not to see yesterday’s decree and the special task force’s report on (Thomas) which was revealed two months ago.”
In a decree, the Yang di-Pertuan Besar of Negeri Sembilan Tuanku Muhriz Tuanku Munawir, who chaired the 260th Conference of Rulers, said that the structure of the JAC needed to be reviewed.
The JAC is responsible for appointing judges to the judiciary. Under the current arrangement, five of the committee members are appointed by the PM while the remaining four slots are filled by sitting judges.
Tuanku Muhriz said in order to ensure that the JAC is free to carry out its responsibilities, the five slots to be appointed by the PM should instead be entrusted to other institutions such as the Bar Council, Sabah Law Society, Advocates Association of Sarawak and Parliament’s Select Committee.
The monarch said this way, the JAC’s membership is “more balanced” and would not “carry the interests of any groups”.
For context, Dr Mahathir had appointed constitutional law expert Thomas right after he became the prime minister for the second time.
According to a news report on MalaysiaGazette.com, Dr Mahathir appointed Thomas as the attorney-general (AG) in 2018 after Pakatan Harapan (PH) became the government. Thomas had resigned after the administration collapsed in February 2020.
The same news report also noted that Thomas himself had admitted that his appointment was not based on merit; rather, he said that it was a “political appointment”.
In September 2022, then PM Datuk Seri Ismail Sabri Yaakob said Thomas should be immediately investigated for sedition and several other offences arising from the contents of his infamous memoir “My Story: Justice in The Wilderness”.
The former AG was subsequently probed under Section 8 of the Official Secrets Act (OSA), Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act and Sections 124I and 203A of the Penal Code.
A special task force formed to look into allegations in Thomas’ book had identified 19 issues, which had been narrowed down into four main issues.
The four issues included allegations levelled against the judiciary; exposing government secrets; abuse of power and professional negligence, and seditious statements. – Dec 1, 2022
Convicted criminal Najib must be the only prisoner in Malaysia with the privilege of having his questions posted on his Facebook page.
ReplyDeleteThe new Home Minister must insist on an investigation into this clear violation of Prison regulations.
My answer to Najib is , Section 122B of the Constitution of Malaysia ultimately overrides the powers of the Judicial Commission's Commission.
ReplyDeleteUntil and unless Section 122B of the Constitution is amended or repealed, the Prime Minister "advices" the Agong on the appointment of judges.
An out of the box proposal - reword 122B such that any high profile civil appointment be scrutinized/verified by a public hearing commitee in the form of US Senate selection committee, minus only confined to Senate members! Before the person is been appointed.
ReplyDeleteThe committee must be forme only under Parliament act with members selected from publicly known citizen champion via public poll!
No standing royalty&politikus can be the members of the selection committee.