Ex-AG Idrus, former judge Zainun among 4 new faces on JAC

Ex-AG Idrus, former judge Zainun among 4 new faces on JAC

PETALING JAYA: Former attorney-general Idrus Harun and retired Federal Court judge Zainun Ali are among four eminent persons appointed to sit on the Judicial Appointments Commission beginning this month, sources say.

Also appointed are former Sarawak attorney-general Talat Mahmood Abdul Rashid and UiTM legal adviser Hartini Saripan.

The JAC is tasked with selecting suitable candidates to sit as judges in the superior courts – the Federal Court, the Court of Appeal, and the High Courts.

The appointments, made by the prime minister, take effect this month and are for two years.

“Their appointments will result in the JAC resuming its monthly meetings next month. The committee has been unable to perform its functions since September because of a lack of quorum,” a source told FMT.

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In September, FMT reported that the JAC was in limbo as there were five vacancies on the nine-member commission.

Section 13(1) of the JAC Act states the JAC shall meet at least once a month.

Sections 13(4) and (5) state that the quorum for the meeting is seven, but in the event of the disqualification of members, the quorum shall be reduced to a minimum of five members.

There have been only four members remaining on the JAC since September – its chairman Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.

These three judges, together with the Chief Judge of Malaya (CJM), sit on the JAC by virtue of their posts at the apex of the judiciary.

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The remaining member of the JAC is Justice Nallini Pathmanathan, the senior Federal Court judge appointed under Section 5(1)(e) for a two-year term.

One of vacancies on the commission arose following the retirement of Zabidin Diah as CJM in February.

Two others occurred after former chief justice Raus Sharif and International Islamic University’s associate professor Shamrahayu Ab Aziz were not reappointed despite being eligible for a second term.

Appointed to the commission two years ago, their tenure came to an end on Sept 3.

Meanwhile, retired Sarawak AG Abdul Razak Tready also saw his second two-year term come to an end on the same day.

Section 5(1)(f) of the legislation states that eminent persons shall hold office for two years and are eligible for reappointment but no member shall hold office for more than two terms.