KUALA LUMPUR: Perikatan Nasional (PN) has expressed concern over the appointment process for the country’s top judicial posts, which requires the Prime Minister’s advice to the Yang di-Pertuan Agong, following the upcoming vacancies of the Chief Justice (CJ) and President of the Court of Appeal (PCA) in early July.
PN Chief Whip Datuk Seri Takiyuddin Hassan said the matter is crucial as both current officeholders were not offered a six-month extension as provided for in the Constitution and previously customary.
“It is understood that both incumbents were not offered an extension of their service for six months, as stipulated in the Constitution and past practice,” he said in a statement today.
The PAS Secretary-General stressed that new appointments to fill the vacancies must be made promptly.
“PN wishes to express concern regarding the appointment process that requires the Prime Minister’s advice to the Yang di-Pertuan Agong, based on provisions in the Federal Constitution and current practice,” he said.
The Kota Bharu MP added that the concern arises because the current Prime Minister still has ongoing court cases.
“Any involvement by him in advising on the appointment of senior judges could present a clear conflict of interest and erode public confidence in the independence and integrity of the judiciary,” he explained.
He emphasized that in a country governed by the rule of law, justice must not only be done but must also be seen to be done.
“Therefore, it is crucial that these top judicial appointments are made independently, transparently, and free from any political or personal interests,” he stated.
He said PN fully supports the resolution made by the Secretariat to Defend the Judicial System, comprising statesmen, legal experts, as well as leaders from NGOs and civil society.
“One of our proposals is that the Prime Minister should recuse himself from advising on these appointments, at least until his court cases are concluded,” he stressed.
Additionally, he said an interim mechanism should be created to avoid conflicts of interest.
“This could be via a Special Committee or by granting a more independent role to the Judicial Appointments Commission (JAC),” he said.
Takiyuddin also suggested that the JAC be strengthened and restructured to be more independent of executive influence.
“This includes introducing cross-confirmation by a parliamentary select committee, as practised in other democratic countries,” he proposed.
Accordingly, he urged the government and all relevant institutions to view the matter seriously.
“(They must) act immediately to ensure the appointment process is conducted with full integrity, in order to uphold the independence of the judiciary and public confidence in the nation’s justice system,” he said. – HARAKAHDAILY 24/6/2025
