Uncertainty persists over vacancy in judicial appointments commission, says source

Justice Rhodzariah Bujang is presently the senior-most judge in the Federal Court available for appointment.

PETALING JAYA: More than one month after Federal Court judge Zabariah Yusof’s retirement, uncertainty persists over who Prime Minister Anwar Ibrahim will appoint to fill her vacant seat on the Judicial Appointments Commission (JAC).

Zabariah, who stepped down on Oct 10, served six months on the nine-member commission.

The JAC, chaired by the sitting chief justice, is tasked by law with identifying and recommending candidates for appointment to the judiciary’s top four posts and as judges of Malaysia’s superior courts.

A source told FMT that it remains unclear whether Anwar will follow convention and name the most senior Federal Court judge to fill the vacancy, or select another apex court judge he deems suitable.

“As a result, there is intense lobbying for the coveted position,” the source told FMT.

Presently, Justice Rhodzariah Bujang, appointed in March 2020, is the senior-most judge in the Federal Court available for appointment.

Other contenders are Justices Nordin Hassan (appointed January 2023), Vazeer Alam Mydin Meera (March 2024), Ahmad Terrirudin Salleh (November 2024) and Lee Swee Seng (May 2025).

Two other serving judges, Justice Hanipah Farikullah and former JAC member Justice Nallini Pathmanathan, are unlikely to be considered due to their impending retirements. Hanipah will stand down on Nov 22, and Nalini on Feb 22 next year.

Under the JAC Act 2009, the top four judges in the judiciary are by virtue of their position automatic members of the JAC.

Section 5(1)(e) of the Act provides that the appointment of a fifth Federal Court judge is the sole prerogative of the prime minister.

The JAC presently seats Chief Justice Wan Ahmad Farid Wan Salleh, Court of Appeal president Abu Bakar Jais, Chief Judge of Malaya Hasnah Hashim, and Chief Judge of Sabah and Sarawak Azizah Nawawi by virtue of their positions.

Hasnah, who served briefly as acting chief justice earlier this year, will retire from office on Friday, with a current Court of Appeal judge tipped as her successor.

The JAC’s four eminent persons, also by law appointed by the prime minister, began their two-year term on Nov 1 last year.

They are former attorney-general Idrus Harun, former Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid, and Universiti Teknologi Mara law lecturer Hartini Saripan.

Lawyer Salim Bashir called for the appointment to be made based on merit.

“The appointed Federal Court judge must have sufficient expertise and experience to assess the quality of candidates for elevation and promotion,” he said, calling the five judges on the commission the “guardians” of the judicial institution.

Lawyer Abdul Rashid Ismail said the selection process must be carried out in a manner that preserves both the JAC’s integrity and public confidence in the judiciary.

“It is therefore incumbent on the prime minister to adhere to the convention of appointing a senior judge,” he said.