Rulers Conference's position may have been compromised if they announced a Chief Justice, who was not recommended by the JAC? Further, King appoints - not Rulers Conference?

The Conference of Rulers is expected to decide and announce the appointment of the new Chief Justice today, Prime Minister Datuk Seri Anwar Ibrahim said yesterday. -NST,16/7/2025

# This is also wrong, as it is the King that appoints - acting on the advice of the Prime Minister. The Rulers Conference only need to be consulted - they are not the decision makers. It is the Prime Minister that decides, and following the Judicial Commissions Act 2009 - the PM can only advice those that have been recommended by the JAC. If the PM had absolute discretion still, then the Constitution would have said so. Alternatively, the JAC 2009 Act would have stated that the PM can reject all recommendation of the JAC and pick anyone the PM wants. 

REMEMBER that the Rulers Conference also accepted the Judicial Appointments Commission, and its role of identifying persons who should be appointed Judges, in identifying who should be elevated to become Judges at the Court of Appeal or Federal Court, and who should be appointed Chief Justice or the other 3 heads of the Judiciary being the President of the Court of Appeal, Chief Judge of the High Court of Malaya, and Chief Judge of the High Court of Sabah and Sarawak. 

In fact, in November 2022, after Anwar Ibrahim became Prime Ministers, the Rulers Conference even proposed amendments to the Judicial Appointments Commission Act - to remove the role of the Prime Minister in choosing and appointing members of the JAC. To date, PM Anwar Ibrahim and the Pakatan Harapan led government is yet to act on this.

The Conference of Rulers is proposing that five of the nine members of the Judicial Appointments Committee (JAC) no longer be appointed by the prime minister so that its composition is more balanced and does not carry the interest of any party.

The Yang Dipertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, who chaired the 260th Conference of Rulers meeting today, said in terms of the judicial system, the Conference of Rulers is responsible for the appointment of judges in Malaysia, and at present, this process is seen as having weaknesses that can be improved, JAC's membership included.

His Highness said JAC plays a key role in proposing judicial nominations, and therefore its membership was critical in ensuring that the committee continued to be looked up to and is capable of nominating judges of calibre and integrity.

"Instead, it (power to appoint JAC members) should be given to several other institutions such as the Malaysian Bar, the Sabah Law Society, Advocates Association of Sarawak and Parliament's Select Committee.

"Currently, JAC has nine members, four of whom are senior judges while five more are individuals appointed by the Prime Minister," Tuanku Muhriz said in his message in conjunction with the two-day 260th Conference of Rulers meeting that began yesterday at Istana Negara.- Astro Awani, 30/11/2022

It seems that Anwar Ibrahim is of the opinion that the JAC is 'illegal' or ultra vires the Federal Constitution. This means he wants to restore the unchecked power of the Prime Minister when it comes to the picking of judges, elevation of Judges and even filling the 4 Judicial high office to the Prime Minister, and Prime Minister alone - Anwar, to date, has NOT clearly stated personally that he will not listen or be bound by the recommendations of the JAC.  

On  ..., the Home Minister Saifuddin Nasution, in his reported statement, said 

Home Minister Datuk Seri Saifuddin Nasution Ismail today said that the appointment process for the current vacancy for Chief Justice is clearly defined in the Federal Constitution and must be respected without any political interference. He said the appointment of the Chief Justice is governed by Article 122B of the Federal Constitution, which stipulates that the Yang di-Pertuan Agong appoints the position on the advice of the Prime Minister and after consulting the Conference of Rulers. “These three steps are enshrined in our Federal Constitution. There is no room for speculation or baseless accusations of executive interference,” Saifuddin told reporters during a press conference here today. - Malay Mail, 16/7/2025

Nasution, interestingly made no reference to the Judicial Appointments Commission, that came into being after the enactment by Parliament (Dewan Rakyat, Senate and King) the Judicial Appointments Act 2009, and thus possibly implying that JAC has no role...

Anwar Ibrahim's 'silence' may be strategic. He can always later come out saying that it was Nasution's personal view - and, he still believes that the process should be that the JAC recommends, and the Prime Minister shall take the said JAC recommendation (meaning rightly no possibility of the PM picking Judges not recommended by the JAC), and advice the King to appoint... [Is that a possible reason, why Anwar has to date never came out and said he choose not to follow JAC's recommendation? - I wonder] 

IF Anwar Ibrahim and the Pakatan Harapan Act disagreed with the JAC 2009 Act, then the way to do it was to REPEAL the Act in Parliament - they did not. Maybe, Anwar is not confident that the majority of the MPs are not with him in this issue.

The next best alternative, was to mount a legal challenge - maybe asking the Court to declare the Judicial Appointments Act 2009 'illegal' or ultra vires the Federal Constitution. - Again, he did not do this. Or is Anwar waiting to first pick his own Judges, who may then decide as what Anwar wants...? we still do not know, how many Judges, not recommended by JAC, have been appointed..in violation of the current law.

An Act of Parliament, which received the King's royal assent, should reasonably be OBEYED by the Prime Minister and the government of the day - until it is repealed, or declared 'illegal'.

Thus, the QUESTION is whether Anwar Ibrahim has been intentionally breaking the law...? In this case, appointing Judges, contrary to LAW, by not abiding with the recommendation of the JAC? 

Now, when it comes to appointment of Judges, it is the King that appoints, not the Rulers Conference, so WHY did the PM say that the Rulers Conference will announce the Judicial Appointments..

Is the Judicial Appointments Commission Act 2009 ultra vires the Federal Constitution - in my opinion, it is not. All it does is restrict the CHOICES of the Prime Minister to the recommendation of the JAC. The PM can still do all the needed consultation provided for in the Constitution - remember, it is merely consultation, and the PM is not bound to follow the views of those consulted.

No where is the Constitution does it state that when it comes to judges, it is entirely up to the discretion of the Prime Minister...No where does he state that the PM's choices cannot be limited by a Judicial Appointments Commission, that came into being by an Act of Parliament.

Post Lingam Tape scandal - the issue was the possibility of others influencing Prime Minister with regard to judicial appointments. This was solved by the creation of an INDEPENDENT Judicial Appointments Commission by Parliament - requiring the Prime to ONLY follow the recommendation of the JAC, and nobody else - not Corporate personalities, not his Cabinet, not MPs, lawyers or even other judges. 

So, why did Anwar want the Rulers Conference to announce? If the Rulers Conference announces, would they not be condoning the selection process, that may have ignored the JAC's recommendation - that would put the Rulers Conference in an ODD position - noting that the Rulers Conference did already acknowledge the JAC, and even made recommendation that the PM should have NO role in picking the members of the JAC..

Was that the reason why the Rulers Conference choose not to make any announcements? They were smart enough not to be 'trapped' into endorsing Anwar's possible wrongdoing, if the said persons were persons recommended by the by the JAC according to current law... 

DAP may have been 'entrapped' because it was Anthony Loke who made that announcement - and he was wrong, when he said that the Conference of Rulers gives its consent - what 'consent' - Constitution is clear, there is no need for any CONSENT - all that needs is that the Rulers Conference be consulted? 

“The prime minister also made it very clear that he will present it to the Conference of Rulers, which will meet tomorrow, and we hope that once the Conference of Rulers gives its consent, a decision will be announced,” he[Anthony Loke] told reporters after officiating Malaysia Maritime Week 2025 at Sunway Resort Hotel here. 

DAP must clarify - does DAP agrees that the PM is not bound to the recommendations of the JAC - and can simply choose anyone the PM wants? 

If the PM had been advising the King to appoint/elevate Judges, not as per the recommendation of the JAC pursuant to the JAC 2009 Act - we are already facing a JUDICIAL CRISIS - for we may already have 'illegal' Judges, not appointed in accordance with law.

WHY is Anwar doings this - trying to get power to appoint Judges he alone chooses and wants?

Has it got anything to do with Yusof Rawther's sexual assault/harassment suit against Anwar? Now, there is a an application to give IMMUNITY to a sitting Prime Minister from civil suits - would a coram of Anwar picked judges(not recommended by the JAC as required by law) more likely give Anwar what he wants?

At the end of the day, the QUESTION is the LEGALITY of Judicial Appointments - Have Judges been appointed/elevated in accordance to LAW - and, now the LAW restricts the Prime Minister's choice to just persons/Judges recommended by the Judicial Appointments Commission. Thus, if Judges are NOT recommended by the JAC, then their appointment is ILLEGAL.