Press Statements
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Press Release by Advocates Association of Sarawak - AAS calls for restoration of TYT’s authority to appoint judicial commissioners
10-01-2025KUCHING (Jan 10): The Advocates Association of Sarawak (AAS) has called constitutional reforms to restore the Sarawak Governor’s authority to appoint judicial commissioners.
AAS president Gurvir Singh Sandhu said this is a significant step towards honouring the Malaysia Agreement 1963 (MA63).
“I do wish to highlight our hopes that urgent steps be taken to make the necessary amendments to Article 122AB of the Federal Constitution to restore the powers of the Head of State (TYT) of Sarawak to appoint Judicial Commissioners.
“This is a significant constitutional reform necessary to address the position reflected under Section 16(3) of the Malaysia Act 1963,” he said at the Opening of the Legal Year 2025 here today.
He also called for stronger commitment to upholding the Rule of Law, improving access to justice, and advancing legal reforms that align with Sarawak’s unique needs and aspirations.
He highlighted Sarawak’s unique legal framework, which integrates national laws with local customs and traditions, ensuring fairness and inclusivity for its diverse communities.
“In Sarawak, we are reminded that the Rule of Law is not only enshrined in our national constitution but is also reflected in our local customs, traditions, and practices.
“Our legal system is built on a strong foundation of respect for cultural diversity, recognising that different communities have their own customary laws that coexist alongside the formal legal system.
“This harmonious balance allows us to maintain both legal order and respect for the cultural fabric of our Sarawakian people,” said Gurvir.
Turning to governance, he commended the Ombudsman’s role in ensuring accountability and redress while calling for greater independence and public awareness to strengthen its impact.
“While Sarawak has made significant strides in strengthening its governance frameworks, we must continue to focus on the enhancement and empowerment of the Ombudsman’s office – ensuring that the Ombudsman’s investigations are effective, independent, and free from political or institutional influence.
“Moreover, public awareness of the Ombudsman’s role must be promoted, so that more people are aware that an avenue is available for seeking justice and accountability when they are wronged by public authorities,” he said.
Gurvir further called for the swift establishment of an alternative dispute resolution (ADR) centre in Sarawak to ease court burdens and foster amicable conflict resolution.
“In such regard, it is our hope that the state government’s move to set up an ADR centre in Sarawak be expedited in view of the proposed amendments to practice, which will mandate all cases to be set for mediation before the same proceeds for trial/hearing – this of course is a proposal the association fully supports,” he said.
He also paid tribute to retiring judiciary leaders, lauding their exemplary service and profound impact on Malaysia’s legal system.