CONTENTS Page Foreword By The Chairman 2 History Of The Judicial Appointments Commission 3 Profiles Of The Commissioners 9 Functions Of The Judicial Appointments Commission 15 Process Of Appointing A Superior Court Judge 17 Mechanism For The Selection Of Superior Court Judge 21 Selection Meeting For The Appointment Of Superior Court 25 Judge Steps Taken And Being Taken To Overcome The Delay In 35 The Disposal Of Cases Commissioners Visit The Kuala Lumpur High Court 39 Office Of The Secretary Of The Judicial Appointments Commission 43 1 JAC Annual Report 2009 JD132468 LAP BI.indd 1 2/19/10 6:20:00 PM oreword from the Chairman YAA Tun Dato’ Seri Zaki bin Tun Azmi Chief Justice The Judicial Appointments Commission was established almost a year ago by the Government in an effort to ensure and encourage transparency in the process of selection, appointment and judicial promotion. Soon after YAB The Prime Minister issued the letters of appointment to all the Commissioners on 9 February 2009, the first commission meeting was held on 26 February 2009. The Commission meets every month. Other than the selection and appointment of judges, the meetings also discuss, among others, subjects as the disposal of cases and improving the performance of superior court judges. In order to enable and implement the Act based on the Commission’s recommendations, YAB The Prime Minister passed the Judicial Appointments Commission (Selection Process And Method of Appointment of Judges of the Superior Courts) Regulations 2009 which was gazetted and came into force on 1 June 2009. The members of the Commission have been diligent in fulfilling their duties and functions as determined by the Act. Four (4) selection meetings have been carried out in 2009. The selection by each member of the Commission is independent of the other as all selections are done via secret ballot. By convention, albeit not required by law, the list of candidates for the position of Judicial Commissioner is also submitted to the Commission for its comments. I thank all the officers and staff from the Office of the Secretary of the Judicial Appointments Commission, who have carried out their tasks and responsibilities in assisting the Commission in all its related affairs. TUN DATO’ SERI ZAKI TUN AZMI JAC Annual Report 2009 2 JD132468 LAP BI.indd 2 2/19/10 6:20:04 PM History Of The JUDICIAL APPOINTMENTS COMMISSION 3 JAC Annual Report 2009 JD132468 LAP BI.indd 3 2/19/10 6:20:25 PM Introduction The Judicial Appointments Commission (JAC) was established with the coming into effect of the Judicial Appointments Commission Act 2009 (Act 695) on 2 February 2009. This Commission was established by an Act of Parliament and therefore not by any amendment to the Federal Constitution. The appointment process as provided for under Act 695 precedes the appointment process under Article 122B of the Federal Constitution. The reason for the establishment of the JAC is to ensure the process of candidature, appointment and promotion to the superior courts is transparent and involves taking a more active as well as comprehensive approach. The term ‘Superior Court Judge’ includes the Chief Justice, The President of the Court of Appeal, Chief Judge of Malaya, Chief Judge of Sabah and Sarawak and High Court Judges. The JAC aims to bring the Judiciary a step further in reinventing itself, strengthening its foundations and integrity. It will also fulfill the aspirations of the people for transparency and fairness in the judicial system of this country. JAC Annual Report 2009 4 JD132468 LAP BI.indd 4 2/19/10 6:20:35 PM History Many parties have pressed for measures to be taken in creating more transparency in the appointment of judges, to return the confidence of the people as well as investors in the judiciary. This became necessary in light of the Dato’ V.K. Lingam video clip recording which demonstrated quite clearly the extent to which the judiciary is vulnerable to external manipulation and interference by influential parties who have vested interest in the appointment of judges. Subsequently, a Commission of Inquiry was convened on 12 December 2007 to look into the alleged interference and it had recommended, among its many findings, the establishment of a Judicial Appointments Commission. Pursuant to Article 122B of the Federal Constitution, Judges of the Federal Court, Court of Appeal and High Court are appointed by the Yang di- Pertuan Agong, acting on advice of the Prime Minister, after consulting the Council of Rulers. Before tendering his advice on the appointment, the Prime Minster shall consult the Chief Justice. Based on the current practice it is difficult for those involved in the appointment of judges to determine whether the relevant provision in the Federal Constitution is adhered to or not. All parties including the opposition, the public, non-governmental organizations (NGO) and the Bar Council agreed with the Government’s decision to set up the JAC. The Bill of the JAC Act 2009 (Act 695) was read for the first time in the Dewan Rakyat (House of Representatives) on 10 December 2008 and passed on 17 December 2008 after its third reading. Subsequently the Bill was brought before the Dewan Negara (The Senate) on 22 December 2008, read for the third time and passed on 23 December 2008. 5 JAC Annual Report 2009 JD132468 LAP BI.indd 5 2/19/10 6:20:42 PM Appointment of Commissioners The Judicial Appointments Commission comprises nine (9) members. Four (4) members are appointed by tenure, namely, the Chief Justice, the President of the Court of Appeal, the Chief Judge of Malaya and the Chief Judge of Sabah and Sarawak. Meanwhile a Federal Court Judge and four (4) others who are eminent persons and not members of the executive or other public service are appointed by the Prime Minister. On 9 February 2009, the former Prime Minister YABbhg. Tun Haji Abdullah bin Haji Ahmad Badawi announced the appointment of nine (9) commissioners with YAA Tun Dato’ Seri Zaki Tun Azmi, Chief Justice, as the Chairman of the Commission. THE COMMISSIONERS ARE: (i) YAA Tun Dato’ Seri Zaki bin Tun Azmi Chief Justice (ii) YAA Tan Sri Dato’ Seri Alauddin bin Dato’ Mohd. Sheriff President of the Court of Appeal (iii) YAA Tan Sri Arifi n bin Zakaria Chief Judge of Malaya (iv) YAA Tan Sri Datuk Seri Panglima Richard Malanjum Chief Judge of Sabah and Sarawak (v) YA Dato’ Zulkefl i bin Ahmad Makinudin Federal Court Judge (vi) YA.Bhg. Tun Dato’ Seri Abdul Hamid bin Haji Mohamad Former Chief Justice (vii) YBhg. Dato’ Seri Ainum binti Mohamed Saaid Former Attorney General (viii) YBhg. Tan Sri Datuk Wira Dr. L.C. Vohrah Former Judge of the International Criminal Tribunal (ix) YBhg. Tan Sri Datuk Amar Steve Shim Lip Kiong Former Chief Judge of Sabah and Sarawak JAC Annual Report 2009 6 JD132468 LAP BI.indd 6 2/19/10 6:20:49 PM MEMBERS OF THE JUDICIAL APPOINTMENTS COMMISSION From Left: YAA Dato’D ’ ZulkeflZ lk fl i BinBi AhmadAh d Makinudin,M ki di YAAYAA TanT SriS i DatukD k SeriS i PanglimaP li RichardRi h d Malanjum,M l j YAAYAA TanT Sri Arifi n Bin Zakaria, YAA Tan Sri Dato’ Seri Alauddin Bin Dato’ Mohd. Sheriff, YAA Tun Dato’ Seri Zaki Tun Azmi (Chairman), YABhg. Tun Dato’ Seri Abdul Hamid Bin Haji Mohamad, YBhg. Dato’ Seri Ainum Binti Mohamed Saaid, YBhg. Tan Sri Lal Chand Vohrah, YBhg. Tan Sri Datuk Amar Steve Shim Lip Kiong and Puan Hamidah Binti Khalid (Secretary) 7 JAC Annual Report 2009 JD132468 LAP BI.indd 7 2/19/10 6:20:57 PM JUDICIAL APPOINTMENTS COMMISSION ACT 2009 JUDICIAL APPOINTMENTS COMMISSION (SELECTION PROCESS AND METHOD OF APPOINTMENT OF JUDGES OF THE SUPERIOR COURTS) REGULATIONS 2009 Profi les Of The In order to carry out those functions and duties under Act 695, and upon the recommendation of the Commission, the Prime Minister had made the regulations relating to the process and method of appointment. The Judicial Appointments Commission (Selection Process and Method of Appointment of Judges of the Superior Courts) Regulations 2009 had been gazetted and came into operation on 1 June 2009. JAC Annual Report 2009 8 JD132468 LAP BI.indd 8 2/19/10 6:22:54 PM Profi les Of The COMMISSIONERS 9 JAC Annual Report 2009 JD132468 LAP BI.indd 9 2/19/10 6:22:59 PM YAA Tun began his career as an officer of the Legal and Judicial Service in 1969 and left service in 1985 to pursue a career in the legal profession as an advocate and solicitor with Messrs Sharizat, Rashid and Lee. On 5 September 2001, YAA Tun was YAA Tun Dato’ Seri Zaki Tun Azmi appointed a Judge of the Federal Court and Chief Justice later as President of the Court of Appeal in 11 Chairman December 2007. YAA Tun was then appointed Chief Justice on 18 October 2008 till date. YAA Tan Sri was appointed a Judicial Commissioner on 1 February 1992 after starting his career as an officer of the Legal and Judicial Service. YAA Tan Sri was appointed a High Court Judge on 1 August 1992, as Judge of the Court of Appeal on 15 April 2001 and thereafter as Judge of the Federal Court on 12 July 2004. On 5 September 2007, YAA YAA Tan Sri Dato’ Seri Alauddin Bin Dato’ Tan Sri was appointed as Chief Judge of the Mohd. Sheriff President of the Court of Appeal High Court in Malaya and on 18 October 2008 he was appointed as President of the Court of Appeal till date.