On 8 April, an originating summons was filed by lawyer Syed Amir Syakib Arsalan b Syed Ibrahim, seeking, inter alia, a declaration that the Judicial Appointments Commission Act 2009 (JAC Act) is unconstitutional, null and void on the grounds that it is inconsistent with Article 122B of the Federal Constitution.
This legal challenge, while raising fundamental constitutional questions, also underscores the basic right of every citizen to seek judicial pronouncements on constitutional questions of public importance.
This right forms the bedrock of our democratic fabric and stands as a living embodiment of the rule of law – a principle that must be vigilantly protected and carefully nurtured.
The Malaysian Bar emphasises that any legal challenge should not be viewed through a lens of sensationalism or provocation.
Rather, it calls for a calm, measured and principled discourse, guided at all times by the imperatives of transparency, constitutional fidelity and unwavering respect for the independence of the judiciary.
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In this regard, we reiterate that we remain resolute in our ongoing commitment to engaging with the government of Malaysia on the pressing need for reforms to the JAC Act.
For years, the Malaysian Bar has consistently advocated for amendments to the act, addressing key concerns such as the need to reduce the judge-centric composition of the JAC in order to foster greater diversity and inclusivity, as well as reviewing the role of the executive in the appointments process.
As part of our recent efforts, the Bar Council’s civil law and law reform committee is presently finalising a comprehensive suite of proposed amendments, which will be submitted as part of our consultative engagement with the government.
Further, the Malaysian Bar intends to appear in the proceedings initiated by Syed Amir Syakib Arsalan b Syed Ibrahim to advance the perspectives we uphold, which are consistent with the preservation of constitutional order and judicial independence.
We also recognise the subsequent press statement issued on 9 April by Prime Minister Anwar Ibrahim, stating the government is committed to vigorously defending the JAC Act in court, while concurrently undertaking a comprehensive review of the JAC framework.
We take note of the prime minister’s unequivocal assurance that there shall be no interference whatsoever in the judicial process. This assurance is vital in preserving public confidence in the separation of powers and the integrity of the legal system.
The Malaysian Bar reaffirms its unwavering commitment to upholding the rule of law, safeguarding the independence of the judiciary, and supporting reforms that enhance the credibility and resilience of our legal institutions.
We have full confidence in the judiciary’s pivotal role as the guardian of the Federal Constitution and the final arbiter in matters of constitutional interpretation.
At all times, the Malaysian Bar stands ready to cooperate in any genuine consultation process, to intervene when judicial independence is imperilled, and – when necessary – to defend it; to cooperate in shaping reforms that are principled, transparent and constitutionally sound; to intervene whenever the sanctity of judicial independence is at risk; and to defend, resolutely and without hesitation, the judiciary from any and all forms of external encroachment.
This is our solemn duty – and we shall not waver. – Bar
Mohamad Ezri Abdul Wahab is president of the Malaysian Bar.
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