KUALA LUMPUR, Sept 21 ― The Malaysian Bar has hailed the appointment of the four new members of the Judicial Appointments Commission (JAC) as a move which will restore and elevate the public’s confidence in the judiciary.

Its president George Varughese congratulated former Court of Appeal judges Datuk Seri Mohd Hishamudin Md Yunus, Datuk Linton Albert and Datuk Mah Weng Kwai, and University of Malaya legal and constitutional expert Emeritus Professor Datuk Shad Saleem Faruqi on their recent appointment.

"A meticulous, stringent and impartial selection of judicial candidates is crucial to safeguarding the independence of the judiciary,” he said in a statement.

Although Varughese said the Bar still has reservations over the Judicial Appointments Commission Bill, which was passed as the Judicial Appointments Commission Act 2009, he nonetheless said the JAC’s representation is currently tipped in favour of the judiciary.

"Section 5(1) of the Act permits the composition to be balanced by the appointment of four ‘eminent persons’ who are not members of the Executive (branch) or other public services.

"We view that the four ‘eminent persons’ of the JAC ought to be selected from the Attorney General’s Chambers, Bar Council, Advocates Association of Sarawak, Sabah Law Society, academia, and civil society,” Varghese said, adding there should also be greater gender and ethnic representation.

He said the JAC’s purpose is to ensure the powers of the government’s judicial, executive, and legislative branches remain separated, and that reform is needed urgently to restore public trust and confidence in the judiciary.

"Clearly defined criteria for the selection and promotion of judges, meaningful consultation with all relevant stakeholders, and accountability of those involved in the appointments processes, are critical.

"The JAC must be an absolutely independent institution, standing the test of time regardless of who is the head of government.  An effective and unimpeachable JAC of true substance is indispensable to reinstating and upholding the integrity of the Malaysian Judiciary,” Varughese said.

The new appointments were announced by the JAC secretariat in a statement on Tuesday.

It said they will serve for a period of two years, from September 4 this year to September 3, 2020.

The four appointees replace former Chief Justice Tun Arifin Zakaria; former Court of Appeal judge Datuk Anantham Kasinather, former Sarawak attorney general Datu Abdul Razak Tready and University of Malaya Faculty of Law lecturer Prof Choong Yeow Choy.

Besides the four eminent persons, the JAC also comprises the chief justice, who is the chairman; the Court of Appeal president; the chief judge of Malaya; the chief judge of Sabah and Sarawak and a Federal Court judge appointed by the prime minister.

The JAC was established in 2009 to ensure unbiased selection of judicial candidates for the consideration of the prime minister, who has the final say regarding the appointment of judges to the superior courts.