Cabinet may be more receptive to JAC now

The Malaysian Insider

KUALA LUMPUR, Nov 12 - The proposed Judicial Appointments Commission (JAC) could face an easier passage through Cabinet now that it has been tweaked and its main promoter – Datuk Zaid Ibrahim – is no longer a member of the administration.

Highly-placed sources told The Malaysian Insider that several Umno ministers – Tan Sri Muhyiddin Yassin, Datuk Seri Syed Hamid Albar and Datuk Rais Yatim – rejected the first draft of the Bill on the JAC because they did not agree with the size and composition of the commission and were concerned that the powers of the Prime Minister to make appointments to the Bench would be usurped.

Since the first draft was rejected, and Datuk Nazri Aziz’s appointed as Zaid’s replacement as the de facto Law Minister, several changes have been made, including reducing the size of the JAC from 13 to a more manageable nine members. Also, some changes to the composition of the commission have been proposed by Nazri.

Various stakeholders, including the judiciary and Bar Council, have been consulted on the changes to the first draft. The Malaysian Insider understands that Chief Justice Tun Zaki Azmi favours the setting up of the body to advise the PM on the selection and promotion of judges. Under the present system, the PM makes appointments to the Bench after being advised by the CJ.

But this system relies too much on the views and input of one individual – the CJ. Only the intervention by the Malay Rulers Conference blocked the promotion of a judge who had not written judgments for years. Also, testimony presented before the Royal Commission on the V.K. Lingam video clip confirmed that constitutional processes were not followed in the appointment of some judges during the Mahathir years.

Government officials believe that the Cabinet will approve the tweaked JAC Bill, which is likely to be presented to the ministers in several weeks.

Their optimism is also anchored on a less tangible factor – the individual who is promoting the legislation. Nazri enjoys a closer working relationship with the Umno ministers and is viewed as one of the boys. In contrast, several Umno ministers were unhappy that Zaid was appointed a Senator by Datuk Seri Abdullah Badawi and then anointed as the reformer while they were painted as stodgy obstructionists.

A government official said: “To a certain extent, the lack of chemistry between Zaid and some of the Umno ministers made it difficult for anything which he proposed to be pushed through. There was envy and a feeling that only one person was enjoying the glory as a reformer. After a while, it became a battle of personalities.’’

Still, it will not be a walk in the park for Abdullah and Nazri. Anecdotal evidence suggests that conservative forces in Umno – serving MPs and former ministers – are still against the setting up of the commission, believing that it will cramp the ability of any PM to make important appointments to an important institution.

These forces also think that the setting up of a JAC will vindicate critics of the government who have lampooned the state of the judiciary.