The alarming number of Justices of the Peace (JP) in Sabah, 300 in all at the last count years back, is being queried again.

This comes in the wake of unpopular statements made by some of them calling on Christians to compromise on the Allah issue.

The JPs who made the suggestion were led by its president Clarence Bongkos Malakun. Other JPs suggested a face-saving formula for Umno in the Allah issue but couched also as a compromise.

A group of Christian lawyers in Kota Kinabalu have come forward to publicly urge that the state government review the appointment of JPs in Sabah.

This should be in line with recommendations made by the Sabah Council of Justices of the Peace (Majaps) itself not so long ago, they said.

"We agree something should be done about the manner in which JPs are presently appointed," conceded Sabah Law Association (SLA) president John Sikayun who was not among the group of Christian lawyers.

"At present, it seems that any Tom, Dick and Harry can be a JP in Sabah. The JP appointment should not be used as a substitute for an award like the datukship."

Second class magistrate

Sikayun pointed out, in an exclusive interview with Malaysiakini, that a JP is actually a second class magistrate and appointed by the governor upon the recommendation of the chief minister in line with the Subordinate Courts Act 1948.

That's on paper, according to the SLA chief, while the reality is something else. The Act is silent on whether the appointment of a JP should be on the advice of the chief justice  or the attorney general.

Sikayun held that the basic criteria to be a JP should be a retired person, preferably from government service, who has some basic knowledge of the law and can help the courts clear the backlog.

Unlike a commissioner of oaths (CO) or notaries public (NP), a JP can by statute sign warrants issued by the police, and order the police to inspect and seize properties when he deems fit.

"The JP can also provide the same services as a CO (appointed by the CJ) and NP (appointed by the AG) but they are not supposed to charge for their services," stressed Sikayun.

"In reality they do charge and this should be discouraged," he added.

Sikayun cited Sarawak as one state which does not appoint JPs while many states in Peninsular Malaysia seldom appoint JPs.

"If you find a JP from Sarawak or even from Peninsular Malaysia, he or she has probably collected the appointment in Sabah," said Sikayun.

Section 98(2) of the Subordinate Courts Act 1948 however states that JPs can only practice in the state where they have been appointed.

The SLA chief disclosed that he was kept in the know about the study by Majaps urging a review of the JP institution in Sabah but could not offhand recall the salient features except for the historical details harking back to King Richard 1 of England who first appointed certain knights in 1195 to be his "peacekeepers".

In 1361, King Edward 111 used the term Justice of the Peace and allowed that office-bearers can conduct arraignments in all criminal cases, conduct trials involving breaches of local ordinances and bylaws. In Malaysia, JPs can still do all that pursuant to the relevant laws provided by statues.

Lawrence Thien, Majaps secretary and Malakun were not immediately available for comment.

Malakun is also president of the National Council of Justices of the Peace, Malaysia (NCJPM). Thien's office said he was indisposed and a text message requesting a copy of the Majaps' study drew no immediate response. 

Thien however had a prepared statement for the media.

Peace without justice is oppression

Briefly, Thien lamented that "Majaps and NCJPM's views on the Allah issue were being ridiculed by judgmental people".

The secretary for both associations reiterated that they were committed to the cause of peace and justice.

"We have a right to speak up on national issues," said Thien. "Our proposals are sincere and made in the spirit of holding the nation together despite divergent views."

The main grouse which has provoked the ire of the Christian lawyers against the JPs is the public perception that justice is not the overriding concern of many of the current office holders.

"If these people (JPs) can suggest that justice be sacrificed for the sake of so-called peace, what is really going on in their minds?" asked one senior lawyer who requested anonymity "in view of the Allah issue having become hypersensitive".

"How can there be peace without justice? Peace without justice is just oppression."

The senior lawyer, like his peers, called for a cap on the number of JPs in Sabah and Malaysia and their appointments follow strict criteria.

Also listed among JPs appointed in Sabah, according to the lawyers, are those who have in the past featured prominently in corruption cases or in lines of work unrelated to their appointments.

"This has resulted in the courts not recognising the JPs and not appointing them when needed as second class magistrates," said the senior lawyer.

"One state in Peninsular Malaysia has not appointed any JP for the last 20 years. In Sabah, at least 10 JPs are appointed every year. Why do we need so many JPs when they cannot stand up for justice?"

The bottomline "in weeding out the riff-raff" calls for JPs, like senators, to be also cleared by the special branch, the Inland Revenue Department, the MACC (Malaysian Anti-Corruption Commission) and the director-general of the Department of Insolvency.