KUCHING : State Assemblyman for Kota Sentosa, Wilfred Yap, has called for structural reforms to the nation’s judicial appointment process, stressing the urgent need for Sabah and Sarawak to each have their own Judicial Appointments Committee.
Responding to recent concerns over underrepresentation in the Judicial Appointments Commission (JAC), Yap said the current system falls short of honoring the spirit of the Malaysia Agreement 1963 and the equal standing of the Borneo states within the Federation.
“There is currently no Sabahan representation among the nine members of the Judicial Appointments Commission. This omission not only violates the spirit of partnership enshrined in the Malaysia Agreement but also risks eroding public confidence in the impartiality and inclusiveness of our justice system,” Yap said.
He pointed out that Article 122B(3) of the Federal Constitution requires the Prime Minister to consult the Chief Minister of Sabah or Sarawak before recommending a Chief Judge for the High Court in Sabah and Sarawak.
While the provision is not binding, Yap said it reflects constitutional recognition of Sabah and Sarawak’s right to a meaningful say in the judiciary.
“These safeguards must be strengthened and not ignored or reduced to a mere formality,” he added.
Yap proposed two key reforms: the establishment of an independent Judicial Appointments Committee for each of the two Borneo states, and the introduction of statutory quotas to ensure adequate representation of Sabah and Sarawak judges in the Federal Court and Court of Appeal.
He argued that judicial appointments should be rooted in local context, professional merit, and the aspirations of the people of Sabah and Sarawak.
“Such a body would give meaningful effect to the consultative rights under Article 122B(3) and reinforce public confidence that the judiciary belongs to the people it serves,” he said.
Yap also urged the Federal Government, the Conference of Rulers, and all Members of Parliament to seriously consider these proposals.
“The time has come to honour our historical commitments with genuine institutional empowerment,” he said.
Yap, who is also an Advocate of the High Court of Sabah and Sarawak, believes that these reforms are necessary to restore public trust and uphold the constitutional balance within the Malaysian Federation.
By Connie Chieng