Kota Kinabalu: United Pasok Momogun Kadazandusun Murut Organisation (Upko) echoed the concerns of various bodies in the State about the effects on Sabah's constitutional position in the Judicial Appointments Commission (JAC) Bill, especially the appointment of judges to Sabah's High Court.
"We have some reservations about it and we (Upko Members of Parliament) will definitely raise the matter when debating the Bill," Upko Treasurer-General Datuk Dr Marcus Mojigoh said Sunday.
Mojigoh who is Putatan MP said based on feedback from the legal circle in Sabah and statements by various bodies, including the Sabah Justices of the Peace Council (Majaps), there were certain aspects that need to be clarified.
"At the moment it appears that the appointment of judges mechanism as proposed under the JAC Bill is contradicting Article 161E (2) (b) of the Federal Constitution, which basically means that the appointment of High Court judges to Sabah and Sarawak must have the consent from the respective State's Yang di-Pertua Negeri," he said.
The Bill proposed that JAC would make recommendation to the Prime Minister on the candidates to be appointed to the office concerned. On the Malaysian Anti-Corruption Commission Bill that was tabled together with the JAC Bill by the Prime Minister last week, he hoped the public would support it with an open heart.
"It is more on prevention and it shows that the Barisan Nasional (BN) Government is serious in addressing corruption in compliance with the requirement by the United Nations that has been ratified by Malaysia," he said.
"I think the Prime Minister is very sincere in wanting to address the problem," he said when met after presenting tents and contributions to the Masjid Al-Kauthar, in Kampung Tanjung Aru Lama in conjunction with the mass circumcision ceremony of 29 boys.
With the formulation of the new law, he said graft offences would be strictly monitored, as the definition of "suapan" or bribes is very broad.
Besides that, he said the MACC has the right to seize properties of corruption suspects, as well as intercept phone calls.
"Basically the MACC commissioner has absolute power and he could act as a deputy public prosecutor (DPP) to charge suspects," he said, adding that might prevent a suspect from getting scott free, which had happened before despite sufficient evidence for prosecution.
"We welcome the Bill with an open heart and we are going to support it," he said.
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