* Judicial Appointments Commission Act 2009

Original Language Title: * Judicial Appointments Commission Act 2009

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 As at 1 may 2014 2 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 date of Royal Assent of the ... ... more January 6, 2009, the date of publication in the Gazette......... 8 January 2009 3 laws of MALAYSIA Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, commencement and application 2. Uphold the independence of the judiciary 3. Interpretation part II ESTABLISHMENT of the JUDICIAL APPOINTMENTS COMMISSION 4. The establishment of the judicial appointments Commission 5. Membership of the Commission 6. The term of Office 7. Allowance 8. Temporary exercise of functions of the Chairman 9. Revocation of appointment and resignation of 10. Vacation of Office 11. Disclosure of interest 12. Protection from personal liability 13. Meeting 14. Minutes 4 laws of Malaysia ACT 695 section 15. Validity of acts and proceedings 16. Procedure 17. Members of the Commission should devote time to the business of the Commission 18. Committee of 19. Secretaries and servants of the Commission 20. Officers and servants of the Commission PART III FUNCTIONS and POWERS of the COMMISSION 21. Functions and powers of the Commission PART IV SELECTION to the POSITION of CHIEF JUSTICE of the FEDERAL COURT, the PRESIDENT of the COURT of APPEAL, judges of the HIGH COURT, CHIEF JUDGE of the Federal Court, the COURT of APPEAL, High Court and JUDICIAL COMMISSIONER 22. 23 selection process. 24. Selection criteria 25 selection meeting. Disqualification of the selection meeting 26. The report on the recommendation of 27. Request for further selection by Prime Minister 28. The giving of advice of 29. Judicial Commissioner may apply to a judge of the High Court part V GENERAL 30. Regulations judicial appointments Commission 5 section 31. 32 annual report. 33. The obligation of confidentiality Providing false information to the Commission 34. Influence or try to influence the Commission 35. Initiate and conduct a prosecution 36. Public servants 37. Prevention of difficulties or anomalies 7 laws of MALAYSIA Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 an act to provide for the establishment of the judicial appointments Commission in relation to the appointment of judges of the superior court, to express the powers and functions of the Commission, to uphold the continued freedom of the judiciary, and to provide for matters connected or incidental thereto.

[2 February 2009, P.U. (B) 43/2009]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title, commencement and application 1. (1) this Act may be cited as the judicial appointments Commission Act 2009.

(2) of this Act come into force on such date as the Prime Minister by notification in the Gazette.

(3) this Act shall apply to the appointment of judges of the Federal Court, the Court of appeal and High Court and judicial Commissioner and shall include the appointment of the Chief Justice of the Federal Court, the President of the Court of appeal, Chief Judge of the High Court in Malaya and Chief Judge of the High Court in Sabah and Sarawak made on or after the commencement of this Act.

8 laws of Malaysia ACT 695 Uphold the independence of the judiciary 2. The Prime Minister must uphold the continued freedom of the judiciary and must take into account — (a) the need to defend the freedom;
(b) the need for the judiciary has the support necessary to enable it to carry out its functions;

(c) the need for public interest represented properly in respect of matters relating to the judiciary, administration of Justice and related matters.


Interpretation 3. In this Act, unless the context otherwise requires — "members of the Commission" means the person appointed under section 5;

"judges of the superior court" means the Commissioner of Justice, judges of the High Court, Court of appeal and the Federal Court and shall include the Chief Justice of the Federal Court, the President of the Court of appeal, Chief Judge of the High Court in Malaya and Chief Judge of the High Court in Sabah and Sarawak;

"superior court" means the Federal Court, the Court of appeal, the High Court in Malaya and the High Court in Sabah and Sarawak unless stated specifically otherwise;

"nomination meeting" means a meeting called to consider the selection of persons eligible to fill the vacancy in the superior court;
"Chairman" means the Chairman of the Commission;
9 judicial appointments Commission "Secretary" means the Secretary to the Commission;
"Commission" means the judicial appointments Commission.


PART II ESTABLISHMENT of the JUDICIAL APPOINTMENTS COMMISSION establishment of the judicial appointments Commission 4. Judicial appointments Commission was established.


Membership of the Commission 5. (1) the Commission shall consist of the following members: (a) the Chief Justice of the Federal Court who shall be the Chairman;

(b) the President of the Court of appeal;
(c) the Chief Judge of the High Court in Malaya;
(d) the Chief Judge of the High Court in Sabah and Sarawak;
(e) a judge of the Federal Court who shall be appointed by the Prime Minister; and (f) four leading, which is not a member of the Executive or other public service, who are appointed by the Prime Minister after consultation with the Bar Council of Malaysia, Sabah Law Association, the Association of the Sarawak Advocates, Federal Attorney-General, Attorney-General of the legal service of the State or any other related body.

(2) the appointment of members of the Commission and the duration of appointment shall be published in the Gazette.
10 laws of Malaysia ACT 695 term of Office 6. (1) members of the Commission appointed under paragraph 5 (1) (e) and (f) shall hold office for a term of two years and shall be eligible for reappointment but no Member may hold office for more than two terms.

(2) members of the Commission appointed under paragraph 5 (1) (f) is not eligible to be considered for any appointments to

the superior court for the term of his Office as a member and for a period of two years after the hiatus, his appointment as a member of the Commission.


Allowance 7. Members of the Commission shall be paid such allowances as determined by the Prime Minister.


Temporary exercise of functions of the Chairman 8. (1) the President of the Court of appeal shall act as Chairman of the Commission during the period when — (a) the Chairman be vacated;
(b) the Chairman is not present on duty or not available in Malaysia;
or (c) the Chairman, for any other reason, unable to perform its function.

(2) the President of the Court of appeal shall, for a period he function of Chairman under this section, be deemed to be the Chairman of the Commission.

Revocation of appointment and resignation 11 judicial appointments Commission 9. (1) the appointment of any member appointed under paragraph 5 (1) (f) may at any time be revoked by the Prime Minister without assigning any reason for the revocation.

(2) a member appointed under paragraph 5 (1) (f) may at any time resign his Office by giving notice in writing addressed to the Prime Minister.


Vacation of Office 10. (1) the Office of a member of the Commission shall be vacated if — (a) he dies;
(b) has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to or in lieu of a fine) for more than two years;

(c) he becomes bankrupt;
(d) he is not of unsound mind or otherwise is unable to meet its obligations;

(e) he fails to attend three consecutive meetings of the Commission-also without the permission of the Chairman or, in the case of the Chairman, without the permission of the Prime Minister;

(f) his appointment is revoked by the Prime Minister; or 12 laws of Malaysia ACT 695 (g) resignation accepted by the Prime Minister.
(2) if the Office of a member of the Commission becomes vacant pursuant to subsection (1) the Prime Minister may appoint any person he deems suitable to fill the existing vacancy for the remainder of the vacated by the Member or for an interim period until the new person was appointed to the Office or position held by the Member before he vacated the position or that position.

(3) any period of appointment under subsection (2) cannot be taken in consideration in considering the appointment period as specified in section 6.


Disclosure of interest 11. (1) any member of the Commission who are brothers or related to any candidate considered for selection shall disclose its relationship with the candidates to the Commission.

(2) a disclosure under subsection (1) shall be recorded in the minutes of the Commission meeting in which the matter is discussed or ditimbangtelitikan and, after the disclosure, the Member — (a) shall not be present during any discussion or deliberation, or decision of the Commission when the matter is discussed or ditimbangtelitikan, or disconnected; and (b) shall not be counted for the purpose of forming a quorum of the Commission when the matter is discussed or ditimbangtelitikan, or disconnected.

(3) for the purposes of this section — 13 judicial appointments Commission "brothers", in respect of a member of the Commission, means — (a) the spouse or former spouse of the Member of the Commission;

(b) relative male or female members of the Commission;
(c) the brother of male or female to the spouse or former spouse of the Member of the Commission;

(d) persons related directly to nasab up or down with the members of the Commission;

(e) persons related directly to nasab up or down with the spouse or former spouse of the Member of the Commission;

(f) the spouse or former spouse of any person referred to in paragraph (b), (c), (d) or (e);

(g) those who have a direct relationship with nasab down the person referred to in paragraph (b), (c) or (f);

(h) uncle, aunt or cousin to the members of the Commission, or uncle, aunt or cousin to the spouse or former spouse of the Member of the Commission; or (i) related directly to nasab up or down to the person referred to in paragraph (h);

"related", in respect of a member of the Commission, means — (a) a person is the nominee of the members of the Commission;

14 laws of Malaysia ACT 695 (b) partner of the Member of the Commission;
(c) a former partner of the Member of the Commission;
(d) the husband or wife of the partner or former partner of the Member of the Commission;

(e) the former husband or wife of the partner or former husband or wife of a former partner of the Member of the Commission;

(f) any person conducting practice in a firm in which the members of the Commission that or her nominee. — (i) be a partner;
(ii) be the person responsible for or control its business or Affairs;
(iii) became a consultant; or (iv) employed;
(g) a person who is a Director of any corporation in which the Member of the Commission or her nominee. — (i) a Director; or (ii) is responsible for or control its business or Affairs or has a controlling interest or shares its value amounting to not less than thirty per cent of the total issued share capital of the Corporation; or (h) a trustee of a trust that members of the Commission that the Member or family beneficiaries.

(4) any member of the Commission who did not disclose his interest as required under subsection 15 judicial appointments Commission (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Protection from personal liability 12. No member of the Commission can assume personal liability for any loss or damage caused

by any act or omission in administering the Affairs of the Commission, unless the loss or damage caused by the Act or omission is wrong inflicted by him.


Meeting 13. (1) the Commission shall meet at least once a month at any time and at any place determined by the Chairman.

(2) at least ten days Notice in writing or by electronic mail shall be given to members of the Commission.

(3) the Chairman shall preside at any meeting of the Commission and if for any reason the Chairman is not present, the next most senior judge who shall be the Chairman.

(4) a quorum of the Commission is that seven people including the Chairman.
(5) if there is no quorum as provided by subsection (4) by reason of a member cease to be eligible under section 11 or 25, then a quorum shall not be less than five people.

(6) every Member of the Commission who shall be entitled to one vote through confidential vote and if there is equality of the number of votes cast, the Chairman or members of the Commission who chaired the meeting as the Chairman shall have the casting vote.

16 laws of Malaysia ACT 695 (7) the Commission may invite any person to attend a meeting of the Commission for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.


Minute 14. (1) the Commission shall cause minutes of all its meetings to be maintained and stored in a proper form.

(2) every meeting of the Commission in respect of the proceedings thereon: such has been made shall be deemed to have been duly convened and held and all members at the meeting entitled to act.


Validity of acts and proceedings 15. No act done or proceeding taken under this Act may be questioned on the ground — (a) there is a vacancy in the membership of, or there is a defect in the establishment of the Commission;

(b) there is a breach of the provisions of section 11 by any member of the Commission; or (c) there is an omission, defect or ketidakteraturan that are not touching the merits of it.


Procedure 16. Subject to this Act, the Commission shall determine its own procedure.


17 judicial appointments Commission member of the Commission should devote time to the business of the Commission 17. Every Member of the Commission should devote time to the Affairs of the Commission as may be necessary to meet their obligations effectively.


The Committee 18. (1) the Commission may establish such committees as it thinks fit to assist it in the performance of its functions.

(2) the Commission may appoint any of its members to be the Chairman or member of the Committee.

(3) the Commission may at any time discontinue or make any changes in the composition of the members of the Committee.

(4) subject to any regulations made by the Prime Minister, a Committee established by the Commission may determine its own procedure.

(5) the Chairman of a Committee shall cause minutes of its meetings to be maintained and stored in a proper form and a copy of the minutes of all its meetings shall be submitted to the members of the Commission as soon as possible.

(6) a Committee may invite any person who is not a member of the Committee to attend any meeting of the Committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.


Secretary to the Commission 18 laws of Malaysia ACT 695 19. (1) a Secretary shall be appointed to the Commission by the Prime Minister from among members of the general public service Federation for such period and upon such terms and conditions as may be specified in the instrument of appointment.

(2) the Secretary shall be responsible for — (a) the conduct, administration and general management functions and activities of the Commission; and (b) the implementation of the decision of the Commission.
(3) the Secretary shall perform such other duties as directed by the Commission from time to time.

(4) The Secretary shall meet its obligations under the Act and the General instructions of the Commission.


Officers and servants of the Commission 20. (1) shall be appointed such number of officers and servants of the Commission as may be necessary from among members of the general public service Federation for such period and upon such terms and conditions as may be specified in the instrument appointing them to assist the Commission in carrying out the provisions of this Act.

(2) every such officers and servants of the Commission shall be subject to the direction, control and supervision of the Secretary.
PART III FUNCTIONS and POWERS of the COMMISSION functions and powers of the Commission 21. (1) the functions of the Commission shall — 19 judicial appointments Commission (a) to select qualified people appropriate due diligence was appointed as a judge of the superior court for the consideration of the Prime Minister;

(b) to receive applications from people eligible for the selection of judges to the superior court;

(c) to formulate and implement mechanisms for selection and appointment of judges of the superior court;

(d) to review and recommend to the Prime Minister's programme for improving the administration of Justice;

(e) to make other recommendations in respect of the judiciary; and (f) to do such other things as it thinks fit to enable it to perform its functions effectively or incidental to the performance of its functions under this Act.

(2) the Commission shall have all the powers necessary for, or relating to, or reasonably incidental to, the performance of its functions under this Act.






PART IV of the SELECTION to the POSITION of CHIEF JUSTICE of the FEDERAL COURT, the PRESIDENT of the COURT of APPEAL, judges of the HIGH COURT, CHIEF JUDGE of the Federal Court, the COURT of APPEAL, High Court JUDICIAL COMMISSIONER and selection process 20 laws of Malaysia ACT 695 22. (1) on receipt of a request, the Commission shall notify the members of the Commission and prepare

for the selection meeting.

(2) in the selection meeting, the Commission shall use the selection process as may be prescribed by regulations made under this Act and — (a) elect not less than three persons for each vacancy on the High Court; or (b) elect not less than two persons per vacancy if the vacancy is for a judge of the superior court in addition to the High Court.

Selection criteria 23. (1) an applicant is eligible for selection if he meet the requirements under article 123 of the Federal Constitution.

(2) in selecting candidates, the Commission shall take into account inter alia, the following criteria: (a) the integrity, competence and experience;
(b) objective, unbiased, fair and private moral good;
(c) assertiveness, ability to make a judgment in a timely manner and good skills in legal writing;
(d) craft and the ability to manage the case properly; and (e) physical and mental health.

(3) a person who is a judge or judicial Commissioner serving cannot be appointed if he or she has three or more judgments pending or not yet written judgement that delayed sixty days or more from the date of judgment or reasons for judgment is deemed to be due.
21 judicial appointments Commission (4) in selecting candidates, the Commission must also take into account the need to promote diversity within the expertise and knowledge of the law in the judiciary.


Meeting selection 24. (1) the Chairman shall also be the Chairman of the election unless the selection meeting was to consider the selection of the person for vacancies in the High Court.

(2) the Chairman may nominate a judge from amongst the members of the Commission to be Chairman for a selection meeting to consider the selection of the person for vacancies in the High Court.

(3) if the Chairman is to be disabled, disqualified or no, the next most senior judge who in the Commission is not disqualified and there will be the Chairman of the meeting of the selection.

(4) the quorum for every meeting of the election is seven.

(5) any votes taken at the meeting of the selection must be made through a confidential vote and the decision of the majority.


Disqualification of the selection meeting 25. A member of the Commission is disqualified from attending or taking part in a meeting of the election if he is being considered for election or if section 11 apply.


The report on the recommendation of 22 laws of Malaysia ACT 695 26. (1) after making's construction, the Commission shall submit a report to the Prime Minister who shall — (a) specifying who was chosen by the Commission for recommended for appointment to the position in question;

(b) state the reasons for the selection; and (c) contain any other information deemed necessary by the Commission to be brought to the knowledge of the Prime Minister.

(2) after submitting the report, the Commission shall provide any further information as may be required by the Prime Minister.


Request for further selection by Prime Minister 27. The Prime Minister may, after receiving the report under section 26, asking for two more names to choose from and recommended for its consideration in connection with such vacancies to the position of Chief Justice of the Federal Court, the President of the Court of appeal, Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak, the judge of the Federal Court and the Court of appeal, and the Commission shall, as soon as practicable , in compliance with the request in accordance with the selection process as prescribed in the regulations made under this Act.
The giving of advice of 28. When the Prime Minister has received any person recommended by the Commission, he may be passing on his counsel pursuant to article 122B of the Federal Constitution.


23 judicial appointments Commission judicial Commissioner may apply to a judge of the High Court 29. All judicial Commissioner appointed before the commencement of this Act may file their application with the Commission if they intend to be selected as a judge of the High Court in accordance with the provisions of this Act within the time and in the manner specified by the Commission.

Part V GENERAL regulations 30. The Prime Minister may, on the recommendation of the Commission, make regulations for the purpose of implementing or enforcing the provisions of this Act, including regulations relating to the process and the selection method shall be used by the Commission in making selection and syornya under this Act.


Annual report 31. (1) the Commission must provide an annual report every year.

(2) the Commission shall, not later than the first meeting of the Parliament the following year, submit its annual report to Parliament on all its activities in the year of the report in connection with it.


Obligations of confidentiality of 32. (1) no member of the Commission and officers and servants of the Commission, whether during or after the term of Office or 24 laws of Malaysia ACT 695 occupation, may disclose any information or document diperolehnya while performing his duties.

(2) no other person in any way have access to any information or document relating to the Affairs of the Commission may disclose information or document.

(3) if any person cease to be a member of the Commission, he shall return all papers and documents entrusted to him by virtue of his membership in the Commission to the Secretary.

(4) any person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.


Providing false information to the Commission 33. Any person who willfully gives the Commission any information which is false or misleading in order to support any candidacy for selection under this Act commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding

two years or both.




Influence or try to influence the Commission 34. Any person, other than in the exercise of his duties, either directly or indirectly by himself or by any other person in any manner influencing or attempting to influence any decision of the Commission or any of its members guilty of an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Judicial appointments Commission 25 start and carry out prosecutions 35. No prosecution in respect of any offence under this Act shall be instituted except by or with the consent of the public prosecutor.


36 public servants. Every Member of the Commission, the Secretary or any officer or other servants of the Commission, while on his duties as a member, officer or such servants shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


Prevention of difficulties or anomalies 37. (1) the Prime Minister may, whenever it appears it is necessary or expedient to do so, whether for the purpose of removing difficulties or prevent anomalies following the making of this Act, by order published in the Gazette make any modification to any of the provisions of this act as he may deem fit.

(2) the Prime Minister may not exercise the powers conferred by this section after the expiration of two years from date of coming into operation of this Act.
(3) in this section "modification" includes amendment, addition, deletion, replacement, adjustment, alteration, variation and disapplication of any of the provisions of this Act.





26 laws of MALAYSIA Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 LIST AMENDMENT of laws that amend the short title of the Act in force A1383 judicial appointments Commission Act (Amendment) Act 2010 01-11-2010 27 laws of MALAYSIA Act 695 JUDICIAL APPOINTMENTS COMMISSION ACT 2009 LIST SECTION AMENDED Section Power amend with effect from 3rd Act A1383 01-11-2010