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6 theSun | FRIDAY DECEMBER 12 2008

news without borders

Ex-CJ: JAC will lead to


appointment problems
PUTRAJAYA: The Judicial nine members, including five senior but it need not be the case where the
Appointments Commission (JAC), judges, four of whom are the most CJ and Appeals Court president are
the Bill of which was tabled for first senior in the country.” concerned.
reading in the Dewan Rakyat on He also referred to Clause 5 of “In making the choice for Appeals
Wednesday, will lead to problems the Bill which provides for the JAC Court president, the Chief Judge of
where the appointment of the to be made up of nine members Malaya, Chief Judge of Sabah and
Chief Justice and president of the comprising the CJ as the chairman, Sarawak and the Federal Court judge,
Appeals Court is concerned, said Appeals Court president, Chief Judge who are members of the JAC, have a
newly-retired chief justice Tun Abdul of Malaya, Chief Judge of Sabah and stake in the matter.
Hamid Mohamad. Sarawak, a Federal Court judge and “This means they will have to
He said problems would arise as four eminent persons appointed by abstain from participating in the
among members of the commission the prime minister. proceedings.
would be those in line for the two According to Clause 21 of the “And as the Bill states that
posts. Bill, the JAC is entrusted with the a minimum quorum of seven
“I just want to draw the attention responsibility to select suitable and members must be met in making
of the Members of Parliament (MPs) capable candidates as judges of the these appointments, it might be very
in raising this so that they will give it higher courts. difficult to meet this requirement.
careful thought before making their Candidates must meet several “It becomes more complicated
decision,” he told Bernama here criteria, including being persons when it comes to appointing the CJ.
yesterday. of high moral values and integrity, The Appeals Court president, Chief
“Under the provisions of the Bill, besides judicial capability. Judge of Malaya and Chief Judge It’s Datin Paduka Low …
the JAC is empowered to appoint Abdul Hamid said according to the of Sabah and Sarawak have a stake SELANGOR’s Sultan Sharafuddin Idris Shah bestowing the Datuk
the Chief Justice (CJ), Appeals Court provisions of the Bill, appointments in the matter and as such, they will Sultan Sharafuddin Idris Shah (DSIS) (Second Class) award on
president, Appeals Court judges, of judicial commissioners, High have to abstain in the selection Selangor State Economic Development Corporation (SEDC) acting
Federal Court judges, Chief Judge Court judges, Appeals Court judges, process. Again the minimum seven general manager Low Siew Moi, in conjunction with the Sultan’s
of Malaya, Chief Judge of Sabah and Federal Court judges, Chief Judge of persons quorum requirement cannot 63rd birthday yesterday. The appointment of Low as the SEDC head
Sarawak and High Court judges. Malaya and Chief Judge of Sabah and had sparked a row between certain quarters. The awarding of the
“It is also noted the JAC comprises Sarawak should not pose a problem, » Turn to Page 8 Datukship is seen as an implicit endorsement of her appointment.