The Kuala Lumpur High Court today granted leave for two lawyers from Bersih to act as amicus curiae in the ongoing judicial review against the Judicial Appointments Commission (JAC) Act 2009.
Judge Amarjeet Singh allowed the application by Ramkarpal Singh and Kuhan Manokaran, enabling them to offer legal input as impartial observers with permission to make submissions in court.
In a statement, Bersih thanked the judge for the decision, highlighting that the case aligns closely with the electoral watchdog’s mission to uphold judicial independence and the separation of powers.
“Through this space, Bersih will bring the voice of the people to improve the judicial independence system in line with the doctrine of separation of powers,” the group said.
Bersih referred to its 2021 report titled Safeguarding Judicial Independence: Appointment, Promotion, and Removal of Judges in Malaysia, which proposes reforms for a transparent and accountable system of judicial appointments. The document is available on the NGO’s website.
The judicial review was initiated in May by lawyer Syed Amir Syakib Arsalan Syed Ibrahim, who argues that the JAC Act is unconstitutional. He is seeking a court declaration that the powers given to the JAC violate Article 122B of the Federal Constitution, which outlines the process for appointing judges to the Federal Court, Court of Appeal, and High Courts.
Syed Amir contends that the Act undermines judicial independence by enabling interference from the executive, especially the prime minister, in the appointment process — contrary to international standards.
He is also seeking a court order to compel the prime minister and the government to adhere to the constitutional process without JAC involvement and has requested an interim stay on all judicial appointments made under the JAC Act 2009 until the court rules on the matter.
In response to the case, Prime Minister Datuk Seri Anwar Ibrahim reiterated his government’s commitment to reforming the judicial appointment process, despite the ongoing legal proceedings.
The issue comes at a critical juncture, with nine out of 14 top judges expected to retire this year, including Chief Justice Tengku Maimun Tuan Mat, who will turn 66 next month. Other judges scheduled for mandatory retirement include Court of Appeal President Abang Iskandar Abang Hashim and Chief Judge of Malaya Hasnah Hashim.
Constitutional law expert Professor Emeritus Datuk Dr Shad Saleem Faruqi of Universiti Malaya previously remarked that the current system does not legally bind the prime minister to accept advice from the JAC or the chief justice.
“Despite the many improvements ushered in by the JAC Act, the prime minister retains absolute power to select the names to be sent to the Yang di-Pertuan Agong.
“In fact, he has the power to reject the names and call for new ones — in the case of High Courts, three new names; in other cases, two,” Shad said.
He added that such authority effectively gives the prime minister near-total control over judicial appointments, rendering the JAC’s recommendations redundant and the entire process inefficient.