Excerpt from Speech During Sarawak State Annual Convention
DAP Opposes The Judicial Appointments Commission (JAC) Bill That Does Not Promote Judicial Independence And Affects The Constitutional Rights Of Sabah And Sarawak In The Appointment Of Judges.
Similarly, DAP opposes the JAC bill that does not promote judicial independence and affects the constitutional rights of Sabah and Sarawak in the appointment of judges, including the Chief Judge of Borneo. The JAC is still a body controlled by the Prime Minister who decides not only appointments of its members but also who to recommend for consideration.
There have been concerns that by establishing a new body that decides on judicial appointments, Sabah and Sarawak’s rights have been affected without due consideration to the constitutional provisions under Article 122B and Article 161E(2)(b). These two articles in the Federal Constitution serves to preserve, protect and promote the rights of Sabah and Sarawak over the appointment, removal and suspension of judges for the High Court of Sabah and Sarawak. In other words the rights of Sabah and Sarwawk are not consulted or taken into account as required under the Federal Constitution as agreed to when Sabah and Sarawak joined to form Malaysia in 1963.