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JAC Act not binding in judge appointments, says Azalina

KOTA TINGGI: The Judicial Appointments Commission (JAC) Act 2009 does not hold binding authority in the appointment of judges, according to Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.

She explained that the Act primarily serves to screen, evaluate, and recommend candidates to the Prime Minister, while final appointments must comply with Article 122B of the Federal Constitution.

“The JAC Act is not a final step in the appointment process. It only recommends names, and these recommendations are not binding. For JAC’s role to be legally binding, the Constitution would need to be amended,“ Azalina told reporters after officiating the 22nd Pengerang UMNO Division Delegates Meeting.

She referenced a previous clarification by former Minister Datuk Seri Mohamed Nazri Abdul Aziz, who stated in Parliament that the JAC Act functions as an administrative provision without binding legal effect.

Regarding the Malaysian Bar’s planned march, Azalina acknowledged their democratic right to protest, provided it remains professional and lawful.

“If they want to march, that is their right. As lawyers, I believe most of them are professionals who understand Article 122B and the JAC Act 2009,“ she said.

Additionally, Azalina confirmed that the appointment of a new Chief Justice will be finalised after the 269th Conference of Rulers, scheduled from July 15 to 17.

This follows concerns raised by PEMBELA chairman Datuk Zainul Rijal Abu Bakar over delays due to recent judicial retirements. – Bernama

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