As Malaysia navigates a critical juncture in its judicial leadership, the appointment of the next Chief Justice (CJ) must be executed with utmost transparency, impartiality, and adherence to constitutional processes. The recent retirement of Tun Tengku Maimun Tuan Mat, the first female CJ, marks not just the end of a distinguished tenure but also a pivotal moment to uphold judicial integrity through an unbiased appointment process.
The Judicial Appointments Commission (JAC), established under the JAC Act 2009, is the key body tasked with selecting and recommending candidates for judicial appointments. By design, the JAC is chaired by the sitting Chief Justice and comprises nine members - four top-ranking judges, including the CJ, and five other individuals appointed by the Prime Minister. However, with the simultaneous retirement of both Tun Tengku Maimun and Tan Sri Abang Iskandar, President of the Court of Appeal, two vital seats within the JAC are now vacant, creating an imbalance in the judicial-to-political representation within the Commission.
Current Members of the Judicial Appointments Commission (as of July 2025):
Judicial Members:
1. (Vacant) – Chief Justice of Malaysia (due to retirement of Tun Tengku Maimun Tuan Mat)
2. (Vacant) – President of the Court of Appeal (due to retirement of Tan Sri Abang Iskandar bin Abang Hashim)
3. Tan Sri Hasnah binti Dato’ Mohammed Hashim – Chief Judge of the High Court in Malaya
4. Tan Sri Abdul Rahman bin Sebli – Chief Judge of the High Court in Sabah and Sarawak
Appointed by the Prime Minister:
5. Dato' Zabariah binti Mohd Yusof – Federal Court Judge
6. Tan Sri Dato' Sri Idrus bin Harun – Former Attorney General of Malaysia
7. Tan Sri Datuk Zainun binti Ali – Former Federal Court Judge
8. Dato' Sri Talat Mahmood bin Abdul Rashid – Former State Attorney General of Sarawak
9. Prof. Madya Dr. Hartini binti Saripan – Senior Law Lecturer, UiTM
With five of the nine seats occupied by individuals directly appointed by the Prime Minister, only two seats filled by judicial members, and two judicial seats currently vacant, the current structure of the JAC significantly skews power toward the executive. This imbalance raises legitimate concerns about the independence of the appointment process.
Article 122B of the Federal Constitution outlines a rigorous process for appointing the CJ and other top judges: the Yang di-Pertuan Agong appoints them on the Prime Minister’s advice after consulting the Conference of Rulers, but crucially, the PM must also consult existing top judges. In this context, it is imperative that Tun Tengku Maimun’s recommendations - presumably made before her retirement - are respected and form the basis for any appointment. If the selection process was not completed, the government should consider extending her term temporarily to preserve institutional integrity and avoid any perception of executive overreach.
Malaysia’s judiciary must not be allowed to appear as a tool of the ruling government. Instead, it must be respected as an essential pillar of governance, functioning in parallel with the executive and legislative branches. Any appointment perceived as politically motivated would erode public trust and undermine the separation of powers enshrined in our constitutional democracy. The Chief Justice is more than just a legal authority - they are the ultimate custodian of justice, whose independence is vital for democracy to thrive.
Now is not the time for political convenience to override due process. It is a moment to reaffirm Malaysia’s commitment to judicial independence by allowing the JAC - with a balanced and legitimate composition - to complete its function, free from undue influence. Anything less would compromise the very foundation of our justice system.
By: Kpost
Information Source: Malaymail , JAC
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