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JAC Act Not Binding In Judge Appointments, Says Azalina

Kuala lumpur: The Judicial Appointments Commission (JAC) Act 2009 does not carry binding authority in the appointment of judges, stated Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said. She clarified that while the JAC Act’s primary function is to screen, evaluate, and recommend candidates to the Prime Minister, the actual appointments to the Federal Court, Court of Appeal, and High Court continue to adhere to Article 122B of the Federal Constitution.

According to BERNAMA News Agency, Azalina emphasized that the JAC Act does not serve as the final step in the judge appointment process. It only provides recommendations, which are not legally binding. She indicated that for the recommendations by JAC to have binding legal authority, an amendment to the Constitution would be necessary. This was articulated during her engagement with reporters after inaugurating the 22nd Pengerang UMNO Division Delegates Meeting.

Azalina referred to a prior explanation by former Minister in the Prime Minister’s Department, Datuk Seri Mohamed Nazri Abdul Aziz, who clarified in Parliament that the JAC Act is an administrative provision without binding legal effect.

Addressing the planned march by the Malaysian Bar, Azalina acknowledged it as their democratic right, provided it is conducted professionally and within legal boundaries. She expressed confidence in the professionalism of the lawyers, noting their understanding of Article 122B and the JAC Act 2009.

Furthermore, Azalina mentioned that the decision regarding the appointment of a new Chief Justice will be made following the 269th Conference of Rulers, which is scheduled from July 15 to 17. This statement comes in response to a call from Muslim Lawyers Association (PEMBELA) chairman Datuk Zainul Rijal Abu Bakar, who urged for an expedited appointment process in light of the recent and upcoming retirements of several senior judges.

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