An Independent Judiciary is Indispensable to the Rule of Law — The Malaysian Bar

Source: The Malaysian Bar

Statement dated 8 May 2017

The Malaysian Bar hails the landmark judgment by the Federal Court in Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat & Another [2017] 1 LNS 496, dated 20 April 2017.  The Federal Court unanimously held that Parliament does not have the power to amend the Federal Constitution to the effect of undermining the doctrine of separation of powers and the independence of the Judiciary, despite the amendment to Article 121(1) of the Federal Constitution (“Article 121(1)”) in 1988.

Article 121(1) had been amended to remove the words “the judicial power of the Federation shall be vested in two High Courts”, thus deleting the provision that the judicial power of the Federation vested in the Judiciary.  Instead, the amended Article 121(1) stipulates that “the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law”.

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‘Sabah, Sarawak MPs must defeat Hadi’s bill’

Source: FMT News

Shariah law amendment will introduce hudud, thus altering secular nature of Malaysian legal system, says East Malaysian group of ex-politicians, business leaders. Pic from FMT News.

PETALING JAYA: Sabah and Sarawak MPs must defeat a motion to debate a Private Members Bill to enhance punishments for shariah offences as it is against the right to freedom of religion that the two territories had agreed to in forming Malaysia.

Former Human Rights Commission vice-chairman Simon Sipaun said politicians should be aware of this as that guaranteee was outlined in separate agreements from both states.

“We are appealing to those in power and authority but they should know better. The motion is all about politics and religion,” said Sipaun.

Sipaun said this in response to a document unveiled yesterday in four languages, including Iban and Kadazan, to create awareness among the people in both states on the far reaching implications of the motion. Read more