Thursday, May 4, 2017

The Sundaily

"THE judicial power of the court resides in the judiciary and no one else", resounded the Federal Court through the judgment of Zainun Ali, Federal Court judge, in a recent decision – Semenyih Jaya Sdn Bhd v Pentadbir Tanah Daerah Hulu Langat.

Her Ladyship's dexterous pen deftly demolished the notion – expressed by an earlier majority Federal Court decision – that the jurisdiction and powers of the judiciary could be determined by Parliament.

This, said the court, would suborn the judiciary to Parliament; and by extension, the executive. This would have "the unfortunate effect of allowing the executive a fair amount of influence over the matter of the jurisdiction of the court". For "executive" read "government of the day" – and we see the historic dimension of the judgment.

The judgment struck down an amendment to the Land Acquisition Act (LAA), which gave two lay assessors (non-judges) complete authority to decide on the compensation for a person whose land had been acquired by the government.

One of these assessors must always be a government valuation officer. The judge had no power. If the assessors differed in their assessment, the judge had to choose either one's decision.

credit to: theSundaily
 — at Hisham Nazir & Cronies.

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Dah baca sila bagi sepatah kata..

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