KUALA LUMPUR: The Yang Dipertuan Besar of Negri Sembilan, Tuanku Muhriz Tuanku Munawir, has suggested to introduce diverse and independent mechanisms when it comes to the selection of the five eminent persons on the Judicial Appointments Commission (JAC).
He said the persons selected must not only be independent from any form of political influence but also be inclusive, reflecting the diversity of our multiracial society and the composition of our Federation, namely the Peninsular Malaysia states, Sabah and Sarawak.
"The inclusion of members from diverse and independent backgrounds will allow more stakeholders to be represented, thus, broadening the expertise in the judicial appointments process whilst maintaining the commission's independence."
Tuanku Muhriz said as independence was the essence of the judiciary, so it was imperative that judicial independence was always maintained and protected.
"It is the judiciary to whom we entrust to protect the fundamental principles embodied in our Federal Constitution.
"Judges are bound to uphold their judicial oath steadfastly and constantly remind themselves that their decisions have a profound impact on society.
"Thus, the appointment of independent and competent judges is crucial to ensuring that this aim is met."
Tuanku Muhriz said this after launching a book entitled "Upholding The Federal Constitution: The Judicial Thoughts of Dato' Seri Hishamudin Yunus" today.
He said it was equally important for the Judicial Appointments Commission Act 2009 to be made part of the Federal Constitution and not remain as an Act of Parliament.
"I urge civil society and other stakeholders to take the lead for meaningful discussions to be taken to achieve this aspiration of judicial independence as a means to uphold the Federal Constitution, the supreme law of the land.
"Lest we forget, the rakyat go to court to seek and obtain justice. Be it a criminal appeal, an appeal against the decision of the government or one of its agencies, or a private matter, the public sees the courts as their avenue to seek justice."
During his address as the chairman of the 260th Ruler's Conference, Tuanku Muhriz had emphasised on the need to reform the existing judicial appointment process.
Presently, the selection of judges of the superior courts is made through the JAC.
Tuanku Muhriz said whilst the primary intention of the commission is to uphold the independence of the judiciary, it appears that its governing provisions may not be in accordance with such intent.
"As it stands, the prime minister appoints five of the nine members of the Commission.
"Under the Constitution, he also has the final say in the appointment of judges to the superior courts.
"We need to be guided by the principle of separation of powers of the executive, the legislature and the judiciary, to achieve this, some reforms need to be considered to strengthen the independence of the Commission, and ultimately the judiciary."
Meanwhile, Tuanku Muhriz said former Court of Appeal judge Hishamudin had given life to many provisions in the Federal Constitution, especially those relating to fundamental rights.
"His years on the bench are remembered for his integrity and independence, which paved his unwavering commitment to uphold the supremacy and sanctity of the Federal Constitution.
"His decisions including his many significant dissenting judgments are based on his appreciation of the law, where he had elegantly embraced the ever evolving common law principles and applied them judiciously with the sole aim of delivering justice without fear or favour."
