By DayakDaily Team
KUCHING, July 15: Kota Sentosa assemblyman Wilfred Yap, as an Advocate of the High Court of Sabah and Sarawak, has called for urgent structural reforms to safeguard the rights and dignity of the people of Sabah and Sarawak, which includes the establishment of an independent Judicial Appointments Commission (JAC) for Sabah and Sarawak.
In a statement, Yap expressed concern over the current issues surrounding the JAC, particularly the underrepresentation of Sabah and Sarawak in the appointment process of the nation’s judiciary.
He said under the Malaysia Agreement 1963 (MA63), along with the 18-Point and 20-Point Agreements for Sarawak and Sabah, respectively, the Borneo States of Sabah and Sarawak must retain a distinct and equal status within the federation, including autonomy and meaningful participation in key institutions of governance.
To emphasise this, he said there is currently no Sabah representation among the nine members of the JAC, which not only contradicts MA63 but also risks eroding public confidence in the impartiality and inclusiveness of the nation’s justice system.
As a result, Yap called for the establishment of an independent JAC for Sabah and Sarawak to identify and propose qualified candidates for appointment as the Chief Judge of Sabah and Sarawak, as well as other positions within the High Court in Sabah and Sarawak.
“This is essential to ensure that appointments are grounded in local context, professional merit, and the aspirations of our communities.
“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.
In addition, Yap also called for a statutory quota for representation in Federal and Appellate Courts to reflect the equal constitutional standing of the Borneo States of Sabah and Sarawak.
“The current discretionary approach, where representation depends on executive appointments without clear statutory safeguards, is inadequate and incompatible with the letter and spirit of our founding agreements,” he said.
Moving forward, he said, it is timely to consider how these structural reforms can be implemented so that Sabah and Sarawak can exercise greater ownership over judicial appointments and maintain public confidence in the administration of justice.
“These measures would go far in restoring public confidence, upholding the constitutional balance, and affirming the promise that Malaysia belongs equally to all its component territories of Malaya, Sabah, and Sarawak,” he said. — DayakDaily
