The Pandan MP said while the Attorney-General’s Chambers had addressed the concerns from a legal and administrative standpoint, the delays would only strengthen speculation that the executive branch was seeking judges who are in line with the government’s official views.
“If the prime minister’s constitutional responsibility is to protect the freedom, credibility and integrity of the judiciary, matters that invite speculation should be avoided, even if they do not breach procedure,” he said in a statement.
Earlier today, the AGC responded to demands by Rafizi and several other PKR MPs for a royal commission of inquiry and a parliamentary select committee hearing following delays in the appointment of top judicial positions, including that of chief justice.
The AGC said the matter was proceeding in accordance with the Federal Constitution, and that any suggestion of a crisis was unfounded.
“Discrepancies in timing or procedure related to appointments do not automatically amount to a constitutional crisis,” it added.
Citing Article 122B of the constitution, the AGC said the appointment of superior court judges was made by the Yang di-Pertuan Agong on the advice of the prime minister, following consultation with the Conference of Rulers.
It also said the Judicial Appointments Commission (JAC) was empowered to regulate its own procedures, in response to allegations of procedural shortcomings, including claims that meetings were convened without adequate notice.
“Procedural matters should not invalidate JAC deliberations unless there is clear evidence of bad faith or prejudice,” said the AGC.
It had also cautioned against “speculative” accusations involving a Federal Court judge allegedly influencing judicial decisions and reassignments.
It said JAC deliberations were classified and protected by law, and that such claims should not be equated with proven misconduct.
However, Rafizi said the judiciary’s integrity was not solely dependent on procedure.
“The judiciary’s integrity should have the confidence of the public and its stakeholders, who evaluate matters as a whole in the context of recent events,” he said.