At the 79th annual general meeting of the Malaysian Bar held on 15 March 2025, the Malaysian Bar overwhelmingly adopted a resolution reaffirming its unwavering commitment to upholding and defending judicial independence.
In essence, the resolution:
- Condemns in the strongest terms any interference with the independence of the judiciary by the executive, legislature or any other individuals or entities
- Rejects any attempts by any person – whether from the executive, legislature, the Bar or any other individuals or entities – to circumvent the constitutional and statutory framework for judicial appointments as enshrined in the Federal Constitution and the Judicial Appointments Commission Act 2009
- Calls upon the government of Malaysia to establish an independent commission of inquiry to conduct a thorough and transparent investigation into whether there was any interference in the judicial appointments process, as alluded to by the chief justice, to determine whether proper constitutional and statutory procedures were followed
This resolution was adopted in relation to the speech by the Chief Justice, Tengku Maimun Tuan Mat, at the opening of the legal year 2025.
Her remarks suggested there was potential and/or improper interference in the judicial appointments process by people outside the established statutory and constitutional framework.
Such concerns go to the very heart of judicial independence and the rule of law, which are fundamental pillars of our democracy.
Judicial independence is non-negotiable. The Malaysian Bar has long been at the forefront of protecting this independence, ensuring that the judiciary remains free from undue influence. The judiciary must be allowed to function independently, without fear or favour.
The Malaysian Bar welcomes the prime minister’s statement, as reported by the media on 16 March, that the government does not interfere in the judicial deliberation process. We take note that the prime minister has consistently reiterated this position on various occasions and we welcome his reassurance.
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However, any move to “examine and monitor” the judiciary – as stated in the prime minister’s statement on 16 March – outside the current constitutional framework may be construed as interference, and there must be clear justifications for why this idea was even considered.
The Malaysian Bar remains resolute in its commitment to safeguarding judicial independence and ensuring that the judiciary remains free from undue influence.
Any measure that compromises judicial autonomy – whether through executive overreach, legislative encroachment or external interference – risks undermining the fundamental principles of our democracy.
The Malaysian Bar will continue to uphold and defend the independence of the judiciary and will firmly oppose any initiative that threatens this cornerstone of the rule of law. – Bar
Mohamad Ezri Abdul Wahab is president of the Malaysian Bar.
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
