KUALA LUMPUR – The Judicial Appointments Commission (JAC) Act 2009 is not legally binding in the process of appointing judges, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
Speaking after officiating the 22nd Pengerang Umno Division Delegates Meeting in Kota Tinggi, she explained that while the JAC is tasked with assessing and recommending candidates, the actual appointments must adhere to Article 122B of the Federal Constitution, Bernama reported.
“The JAC Act is not a final step in the appointment process. It only recommends names, and these recommendations are not binding,” she said. “For JAC’s role to be legally binding, the Constitution would need to be amended.”
She also referred to a past parliamentary clarification by former law minister Datuk Seri Mohamed Nazri Abdul Aziz, who had similarly stated that the Act was administrative in nature and did not carry binding legal authority.
On the Malaysian Bar’s planned march scheduled for tomorrow, Azalina said it is within their rights, as long as it is conducted professionally and in accordance with the law.
“If they want to march, that is their right. As lawyers, I believe most of them are professionals who understand Article 122B and the JAC Act 2009,” she added.
Azalina also confirmed that any decision regarding the appointment of a new Chief Justice will only follow the 269th Conference of Rulers, which is set to take place from July 15 to 17.
Her comments come amid growing scrutiny following the emergence of a leaked document believed to be minutes from a JAC meeting, reportedly detailing discussions on judicial appointments.
The Royal Malaysia Police has launched an investigation into the leak, which first appeared on Reddit before spreading to other platforms such as Facebook and X.
Inspector-General of Police Datuk Seri Mohd Khalid Ismail confirmed that the probe is being conducted under Section 8 of the Official Secrets Act 1972, Section 203A of the Penal Code, and Section 233 of the Communications and Multimedia Act 1998. He said Bukit Aman’s Classified Crime Investigation Unit is handling the matter.
“The investigation is focused on both the source of the leak and how it was disseminated online,” Khalid said, adding that all relevant witnesses will be called in to assist. He warned that action would be taken against those found responsible for the unauthorised disclosure.
Communications Minister Fahmi Fadzil, when asked about the leak, said the government has yet to determine whether the document is genuine.
“I cannot confirm whether the document that is circulating is legitimate or not. At the same time, if it is a legitimate and classified document, specifically one that is marked as secret, then OSA (Official Secrets Act) would apply,” he told reporters at the IPRM AI Festival 2025 at Angkasapuri.
He noted that the issue has not been brought to Cabinet but could be raised given the Prime Minister’s attentiveness to public concerns. Fahmi also said the Malaysian Communications and Multimedia Commission (MCMC) had yet to provide an update on whether the alleged document was being removed from platforms.
While MCMC may file takedown requests, he said the final decision lies with the platforms based on their content policies.
The controversy has triggered widespread concern. Public Accounts Committee (PAC) chairperson Datuk Mas Ermieyati Samsudin described the incident as “madness” if the document turns out to be authentic.
PAS information chief Ahmad Fadhli Shaari went a step further, demanding a public explanation from Prime Minister Datuk Seri Anwar Ibrahim.
“This implicates not just the judiciary, but the prime minister’s own integrity,” he wrote on Facebook. He also warned judges against participating in any effort to subvert justice, saying those involved must be held accountable regardless of status.
Calls for an independent inquiry are mounting. A group of nine PKR MPs led by Economy Minister Datuk Seri Rafizi Ramli has called for a Royal Commission of Inquiry (RCI), drawing parallels with the VK Lingam judicial scandal of the 2000s.
The Malaysian Bar is set to march on Monday to deliver a memorandum to the Prime Minister, urging a full investigation.
The Attorney-General’s Chambers, however, has dismissed the comparisons, labelling the allegations as speculative.
Prime Minister Anwar is scheduled to meet with Pakatan Harapan MPs on Monday to discuss the matter further. — July 13, 2025