Over the past few days, public statements have been made against the chief justice of Malaysia arising from views expressed by her.
These statements, regrettably, have not only taken her comments out of context but have also sensationalised them to a degree that threatens to erode the very public trust upon which the judiciary depends.
The recent remarks, as reported by the media, by the former minister in the Prime Minister’s Department in charge of legal affairs and judicial reform, Nazri Aziz, raise several points of concern. He alleges that Chief Justice Tengku Maimun Tuan Mat had insinuated political interference in the judiciary, and took her endorsement of the removal of the prime minister’s role in judicial appointments out of context – portraying it misleadingly as a direct affront to the Prime Minister Anwar Ibrahim. In addition, he called on her not to make political remarks.
Contrary to the reported representations made by Nazri, the chief justice stated the following in her keynote address on 8 April at the 24th Commonwealth Law Conference held in Malta on 6–10 April:
Of late, there have been proposals to amend the Judicial Appointments Commission Act 2009 and the Federal Constitution to remove the role of the Prime Minister in the appointment of judges. Such changes in my view, would reinforce the impartiality of the selection process, ensuring that judicial appointments remain firmly grounded on merit and free from any perception of political influence.
To characterise the above call for reform as a “political remark” misses the point. The statement was clearly directed at necessary reforms, and the chief justice expressed her views in a measured and objective tone.
The doctrine of separation of powers remains a cornerstone of any functioning democracy. An integral part of that doctrine is the assurance that the process of judicial appointments is insulated from political influence.
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While no system may be entirely perfect, it is imperative that every effort be made to safeguard the judiciary from undue interference.
In this regard, robust and reasoned public discourse should not only be permitted but encouraged. Meaningful debate – grounded in fact and driven by public interest – is essential in fostering accountability and in strengthening the very institutions we seek to protect.
The credibility of the courts depends not only on the quality of its judges but also on the integrity of the process by which they are appointed.
The Malaysian Bar remains steadfast in its defence of judicial independence – not merely as a legal doctrine but as a lived reality.
Mohamad Ezri Abdul Wahab is the 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
I agree absolutely with the Chief Justice and the Malaysian Bar that the indepedence of the Judiciary must be upheld to preserve the sanctity of our democratic process to thrive without any form of impedence.