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Judges and Politicians


Parliament and the judiciary in Malaysia


Hon. Datuk Dr Wan Junaidi Tuanku Jaafar, MP, in Kuala Lumpur.


The Deputy Speaker of the House of Representatives suggests recommendations to remove the possibility of undue political influence in appointments to senior judicial posts.


Hon. Datuk Dr Wan Junaidi Tuanku Jaafar is the present Deputy Speaker of the House of Representatives. He has been a Member of Parliament since 1983 and has served as chair- man and director in various leading companies in Malaysia. He was also a Member of the Parliamentary Select Committee on Penal Code (Amendment) 2004 and Criminal Procedure Code (Amendment) 2004.


The Federation of Malaysia is com- posed of the Malaya states, Sarawak and Sabah.The three provinces were once known as components of Malaysia, but the constitution was amended sometime ago to infer simi- lar state status to Sarawak and Sabah. However, the relic of history is still being retained by the judiciary to divide the country into two court jurisdictions; Malaya and Sarawak and Sabah.


The nomenclatures for judges who hold high offices of judiciary have changed but not the jurisdic- tions.Article 121 of the constitution


place in the states of Sabah and Sarawak as the Yang Di-Pertuan Agong may determine; Inferior courts as may be provid-


ed by federal law; and the high court and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law.


says:“There shall be two high courts of co-ordinate jurisdiction and status, namely:


One in the states of Malaya, which shall be known as the high court in Malaya and shall have its principal registry at such place in the states of Malaya as the Yang Di- Pertuan Agong may determine; One in the states of Sabah and


Sarawak, which shall be known as the high court in Sabah and Sarawak and shall have its principal registry at such


Constitution of federal court The federal court shall consist of eight judges; the chief justice of the federal court, the President of the court of appeal, the chief judges of the high court of Malaya and Sarawak and Sabah and four other federal court judges.The head of the federal court is the chief justice (Article 122) who is also the head of the judiciary in Malaysia. However, the Yang Di Pertuan Agong may – on the advice of the chief justice of the federal court – appoint additional federal court judges from persons who have held high judicial office for such purposes or for such a period as he may specify.


Constitution of court of appeal The court of appeal shall consist of a Chairman who is also the President


The Parliamentarian 2008/Issue Four 317


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