KUCHING: Kota Sentosa assemblyman Wilfred Yap Yau Sin has urged the federal government to undertake urgent reforms to ensure Sabah and Sarawak are meaningfully represented in Malaysia’s judicial appointment process, in line with the Malaysia Agreement 1963 (MA63).
Raising concern over the current make-up of the Judicial Appointments Commission (JAC), Yap, who is also an advocate of the High Court of Sabah and Sarawak, highlighted the absence of any Sabahan representative among the nine current members of the commission.
“This omission not only contravenes the spirit of MA63 and the 20-Point and 18-Point Agreements but also risks eroding public trust in the impartiality of our judiciary,” he said in a statement today.
Yap added that the constitution itself recognises the special position of Sabah and Sarawak in judicial matters, particularly under Article 122B(3), which requires the Prime Minister to consult the Premier and Chief Minister of the respective state before recommending the appointment of the Chief Judge of the High Court in Sabah and Sarawak to the Yang di-Pertuan Agong.
While the consultation is not binding, Yap stressed that it reflects the Constitution’s recognition of Sabah and Sarawak’s distinct status in the Federation and should not be reduced to a formality.
“Now more than ever, public confidence in judicial independence must be reinforced.
“These safeguards must be strengthened l, not ignored,” he added.
To address the issue, Yap proposed the establishment of independent judicial appointments committees for both Sabah and Sarawak.
“These committees would be empowered to identify and recommend qualified candidates for positions within their respective High Courts, ensuring appointments reflect local context and fulfil the consultative spirit of Article 122B(3) of the Federal Constitution,” he stated.
He also called for a statutory quota to guarantee fair representation of judges from Sabah and Sarawak in the Federal Court and Court of Appeal.
“Such measures are crucial to uphold the equal constitutional standing of the Borneo states and restore public confidence in the justice system.
“The current discretionary approach is inadequate and incompatible with the letter and spirit of our founding agreements,” he noted.
He stressed that these reforms are not merely symbolic but are necessary steps toward restoring constitutional balance and reaffirming Malaysia as a federation of equal partners.
“I urge the federal government, the Conference of Rulers, and all MPs to consider these proposals seriously.
“The time has come to honour our historical commitments with real institutional empowerment,” he said.
