By Nur Ashikin Louis
DARO, Oct 23: Sarawak aims to restore the power of its Tuan Yang Terutama (TYT or Head of State) to appoint Judicial Commissioners (JCs) under Malaysia Agreement 1963 (MA63).
Premier of Sarawak Datuk Patinggi Tan Sri Abang Johari Tun Openg said this is part of the administrative arrangement that the Gabungan Parti Sarawak (GPS) government seeks in MA63 negotiations with the federal government.
He explained that following the formation of Malaysia, there were two concurrent courts of superior jurisdiction namely the High Court of Malaya and the High Court of Borneo.
On June 24, 1994, the High Court of Borneo was renamed to High Court of Sabah and Sarawak.
“So we believe the High Court of Sabah and Sarawak should be reverted back to High Court of Borneo and that the appointed JCs must be consulted with the TYT first.
“Because that is the right of the TYT. He must have that certain power to vet on the candidate to become JC, by law,” he told a press conference after a work visit in Daro today.
Abang Johari who is also GPS chairman disclosed that Sarawak would like to maintain the present arrangement where the lawyers from the peninsula cannot practise law in Sarawak.
Under the Inter-Governmental Committee (IGC) Report, a document which should be read together with MA63, Sabah and Sarawak TYTs are given the power to appoint JCs.
Following the insertion of Article 122AB in the Federal Constitution in 1994, appointment of JCs is now done by the Yang di-Pertuan Agong acting on advice of the Prime Minister and the Judicial Appointments Commission. — DayakDaily
