The Idiot Logic Test on Malaysian Judicial Appointment Commission Bill

I’m no lawyer, so i will consider myself an idiot in the field of law...so here it goes....

How things are in Article 122b

122B.

(1) The Lord President of the Supreme Court, and chief justices of the High Courts and (subject to Article 122C) the other judges of the Supreme Court and of the High Court shall be appointed by the Yang di- Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.

satD: The finality of judgment lies at the hands of Agong who acts on the advice of PM after conference of rulers agrees in principle on the candidates proposed by PM

(2) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President of the Supreme Court, the Prime Minister shall consult the Lord President.

satD: If PM needs a name to propose to the Agong for any other judges lower than Lord President(LP), he consults the boss of the judges(LP) and if he needs to appoint the big boss himself no need to consult as everyone is after the job so conflict of interest situation may arise, so i wonder who he consults in that situation

(3) Before tendering his advice as to the appointment under Clause (1) of the Chief Justice of a High Court, the Prime Minister shall consult the Chief Justice of each of the High Courts and, if the appointment is to the High Court in Borneo, the Chief Minister of each of the States of Sabah and Sarawak.

satD: Same logic goes with lower level courts, i.e PM needs to consult the mini-Bosses of each court and then he will run thru the names with their Big Boss (LP)

(4) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President or a Chief Justice, the Prime Minister shall consult, if the appointment is to the Supreme Court, the Chief Justice of each of the High Courts and, if the appointment is to one of the High Courts, the Chief Justice of that court.

satD: Same logic goes i.e PM needs to consult the mini-Bosses of each court and then he will run thru the names with their Big Boss (LP)

(5) This Article shall apply to the designation of a person to sit as judge of a High Court under Article 122A (2) as it applies to the appointment of a judge of the court other than the Chief Justice.

satD: Ahh this one not so critical to my idiot test

(6) Notwithstanding the dates of their respective appointments as judges of the Supreme Courts or of the High Courts, the Yang di- Pertuan Agong, acting on the advice of the Prime Minister given after consulting the Lord President, may determine the order of precedence of the judges among themselves.

satD: this one i think for the evaluation of seniority among the judges

Some Highlights of the Idiotic Bill -source 1, source 2

"PM must uphold the continued independence of the judiciary and have regards to defend the independence, support the judiciary and the need for public interest to be properly represented;"

satD: How in the world can the PM do that , how do we monitor his performance, if he fail can we take him to the “non-independent” court ? This one ranks as No 1 in my Idiot ranking

"A committee will be established to vet the appointment of judges of the superior courts. The JAC will consider the appointment of judges of the Federal Court, Court of Appeal and High Court and judicial commissioners. This includes the appointment of the Chief Justice of the Federal Court, the President of the Court of Appeal, and the Chief Judges of Malaya, Sabah and Sarawak.The commission will consist of the Chief Justice of the Federal Court as chairman, the President of the Court of Appeal, the Chief Judges of Malaya, Sabah and Sarawak and a Federal Court judge to be appointed by the prime minister. Four eminent persons, who are not members of the executive or public service, will be appointed by the prime minister after consulting with the Bar Council, the Sabah Law Association, the Advocates Association of Sarawak, the Attorney-General of the Federation and other relevant bodies."

satD: Total Number is 9 idiots with 4 of them the Big-Boss(LP) and his Kuncu Kuncu , 1 High court and 4 "eminent" PM proxy....can i be the eminent one ah?

"The JAC will meet at least once a month and the quorum will be seven, including the chairman. Each member present at the meetings is entitled to one vote by secret ballot.

In the event of a tie in the number of votes cast, the chairman will have a casting vote.

In the selection process, JAC will pick no fewer than three persons for each vacancy in the High Court and no fewer than two for other superior courts.

The chairman will also head the selection meeting unless it is selecting for vacancies in the High Court.

Members being considered for selection (to be a judge or commissioner) are disqualified from attending selection meetings.”

satD: This one really aiyooo..... the blardy idiot who drafted this really dont understand how to count to ten.....say the CJ dies of heart attack....all the other members now need to find a candidate..the other surviving senior judges i.e President of the Court of Appeal, the Chief Judges of Malaya, Sabah and Sarawak now cannot vote.....so how many left u f*&#king idiot!!!!! quorum pun dah tak cukup to make the whole meeting legal.....whats left is a bunch of dunggus appointed by the PM............what the f**k for....blardy waste of tax payers money 

“After making its selection, the JAC shall submit its findings to the prime minister stating the candidates and the reasons for their selection. The JAC will consider the appointment of judges of the Federal Court, Court of Appeal and High Court and judicial commissioners. This includes the appointment of the Chief Justice of the Federal Court, the President of the Court of Appeal, and the Chief Judges of Malaya, Sabah and Sarawak. Although the JAC makes the appointment of judges more transparent, the commission’s powers are limited. The prime minister is not bound by the recommendations of the JAC in the selection of judges.”

satD: I guess this one we are back to Article 122B , SO WHAT THE F**K FOR!!!!!

Folks I’m really sorry for the abusive language used in this post...but gua tak tahan kalau benda bingai gile........nak eksyen kata reform... my arse........... dah la tu Dato’ Sri Abdullah Badawi.....pi balik kepala batas la...this is exactly what happen when u believe in a flyby night operator who copy and paste other country model that have just started with so many potential operational problems.......

My final question to the folks in the parliment.....can u legislate something that is AGAINST our constitution or do u need to change 122B first?