KOTA KINABALU: The Sabah Law Society (SLS) fully supports the call by Yang Dipertuan Besar of Negeri Sembilan Tuanku Muhriz Ibni Almarhum Tuanku Munawir in his opening speech at the second day of the 260th Conference of Rulers at Istana Negara for the appointment of the four members of the Judicial Appointments Commission (JAC) to be made by the Sabah Law Society, Advocates Association of Sarawak, Bar Council and the Parliament Committee of Selection instead of by the Prime Minister.
A statement released by SLS president Roger Chin stated presently, pursuant to Section 5 of the Judicial Appointments Commission Act 2009 (the Act), the four eminent persons, who are not members of the executive or other public service, are to be appointed by the Prime Minister after consulting the Bar Council of Malaysia, the Sabah Law Association, the Advocates Association of Sarawak, the Attorney General of the Federation, the Attorney General of a State legal service or any other relevant bodies.
“The Sabah Law Society, Advocates Association of Sarawak and Malaysian Bar Council represent and regulate the bodies of practitioners who come into constant contact with the Judiciary and have an integral role in the administration of justice together with the Judiciary and are thus best placed to provide constructive and relevant feedback on who would be suitable to be appointed to the JAC.”
“SLS has said in the past and repeats the need and calls for more diversity in the constitution of the JAC and that moving forward, it can be considered that representatives from the three Bars in Malaysia of Sabah, Sarawak and Peninsula Malaysia be included on the JAC directly.”
“At this juncture, SLS would like to also reiterate its call for the return of the eroded authority and rights of the State of Sabah and Sarawak by restoring the power of the respective governors to appoint judicial commissioners provided for in the Federal Constitution prior to 1994.”
The amendment to Article 122 included the introduction of five new Articles of 122A, 122AA, 122AB, 122B, and 122C under Part IX of the Constitution and was passed in 1994.
Article 122AB of the Federal Constitution took away the power of the respective governors of both Sabah and Sarawak to appoint judicial commissioners.
He stated that the new Article 122AB provides for the appointment of judicial commissioner for the dispatch of business in the High Court of Malaya, High Court in Sarawak and in Sabah by Agong on the advice of the Prime Minister after consultation with the Chief Justice of the Federal Court. There is no requirement to consult Sabah and Sarawak in the new Article 122AB.
The amendment to Article 122 of the Federal Constitution, particularly the introduction of new Article 122AB, should only have been made after the federal government obtained the concurrence of the governors of Sabah and Sarawak.
As Article 122AB of the Constitution was passed in 1994 without the consent of the respective state government, it had contravened Article 161E(2)(b) of the Federal Constitution.
Article 161E(2) provides that no amendment be made to the Federal Constitution without the concurrence of the Yang Di Pertua Negeri of Sarawak and Sabah where such amendment affects the constitution and jurisdiction of the High Court in Sabah and Sarawak and the appointment, removal and suspension of judges in the court of Sarawak and Sabah, according to him.
“This restoration of this power will facilitate Bornean representation in hearing cases filed in Borneo. Judges with Bornean judicial experience are essential in ensuring justice is delivered without fear or favour in cases involving unique Bornean local conditions and customs.”-pr/BNN
