Improvements, amendments to judges appointment body welcome, says chief justice

The judiciary welcomes improvements or amendments to the Judicial Appointments Commission Act (JAC) 2009 to ensure that it is completely independent of the executive body, says Chief Justice Tengku Maimun Tuan Mat.

However, she said the provisions related to the appointment of judges in the Federal Constitution must also be examined, in line with the amendments and improvements to the JAC.

"In other words, we will not achieve the purpose of having a situation where the appointment of judges is completely independent of the executive body if the existing provision in the Federal Constitution which stipulates that the appointment of judges must go through a negotiation process with the prime minister remains," she told reporters after the opening ceremony for the 2023 legal year in Putrajaya yesterday.

It was previously reported that the Conference of Rulers had proposed that the appointment of five of the nine members of the JAC no longer be made by the prime minister, so that the composition of the commission is more balanced and does not carry the interests of any party.

The Yang Dipertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, who chaired the 260th Conference of Rulers meeting, said in terms of the judicial system, the Conference of Rulers was responsible for the appointment of judges in Malaysia. At present, he said, the process was seen as having weaknesses that could be improved, including with regards to JAC's membership.

On the Malaysian Bar's proposal to raise the retirement age of judges from 65 to 70, Tengku Maimun said she had never discussed the matter.

"We have not discussed the retirement age for judges. There is no decision taken collectively, but I suppose there is no harm in exploring the matter.

"If some judges feel that the current is the ideal age, they can always retire early without waiting for the mandatory retirement age," said Tengku Maimun.

When asked about an increase in judges' salaries, Tengku Maimun said this had not happened since she assumed the position of chief justice, adding that the last salary increment for judges was in 2017, before her appointment.

"I believe the salary review should come from the judiciary before the proposal paper is submitted to the government," she added.