The Malaysian Bar is deeply concerned with the uncertainty surrounding the extensions of tenure for Chief Justice Tengku Maimun Tuan Mat, Court of Appeal President Abang Iskandar Abang Hashim, and the most senior Federal Court judge (other than the judicial office bearers) Justice Nallini Pathmanathan.
This comes in the light of the reported six-month extensions granted to five other apex court judges.
While the maximum extension permissible is six months and is a matter of discretion, neither is it a reward. It is a responsibility to continue working for the benefit of the nation and the cause of justice.
It is unusual for the chief justice, Court of Appeal president or senior Federal Court judge not to be granted six-month extensions. These extensions are far from ceremonial and afford these senior judges, amongst others, time to conclude a lifetime of service to the bench and nation and to get their judicial affairs in order.
Further, such extensions can also be used productively to conclude cases pending before them and [afford them] the time to complete the writing of their judgments, amongst others.
These three judges exemplify the critical qualities essential for appellate and apex court positions: unwavering judicial independence and integrity, the upholding of the rule of law without fear or favour, administrative competence, public credibility and a deep commitment to constitutional principles and human rights.
The Malaysian Bar maintains that all future judicial and Judicial Appointments Commission (JAC) appointees should embody these attributes, whilst also taking into consideration seniority and diversity, ie gender and ethnic representation.
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The cumulative effects of these extensions are also crucial in the light of the vacancies in the judiciary, particularly in the superior and apex courts. These extensions would enable the Federal Court to continue to function at the highest levels and are essential in upholding the rule of law and maintaining public confidence in the judiciary.
A judiciary that operates at less than full strength, particularly at the appellate level, risks the erosion of judicial efficiency, the accumulation of backlogs, and delays in the dispensation of justice and, if left unchecked, a denial of justice itself.
According to the JAC, there are at present 29 vacancies among superior court judges: two in the Federal Court, three in the Court of Appeal, and 24 in the high courts (comprising 13 in Malaya and 11 in Sabah and Sarawak). There does not appear to be ready data for projected vacancies (taking into account impending retirements at all levels), but it is clear that the numbers would be even greater than this.
| Court Level | Total Positions | Current Judges | Vacancies |
| Federal Court | 11 | 9 | 2 |
| Court of Appeal | 32 | 29 | 3 |
| High Court (Malaya) | 75 | 62 | 13 |
| High Court (Sabah & Sarawak) | 19 | 8 | 11 |
| Total | 141 | 112 | 29 |
Coupled with the fact that six Federal Court Judges are projected to retire by the end of this year (of whom, even if three are extended, all six would still retire by January and February 2026), the judiciary faces an impending leadership vacuum as all four office bearers of the judiciary fall within this category.
The delays in appointments, promotions and extensions are no longer tenable and must be addressed post-haste.
The judiciary is one of the three branches of the government, the others being the legislature and the executive. Modern constitutional democracies the world over recognise these three branches of government as necessary in upholding the separation of powers and the rule of law.
The independence of the judiciary is a critical tenet in upholding this constitutional equilibrium. The vibrancy and robustness of modern democracies are measured by adherence to such constitutional principles.
The granting of extensions to some judges but not others could lead to unwanted and unfounded adverse perceptions, particularly as they relate to the most senior judges of the Federal Court.
Any perceived erosions of our constitutional infrastructure may not only adversely affect the rule of law but harm a country’s commercial and economic attractiveness for investment and business.
The Malaysian Bar calls upon the JAC and all relevant decision-makers to ensure that all appointments, extensions, promotions and the process of identifying and recommending the incoming office bearers of the judiciary and the appointments and promotions of appellate and apex court judges continue to reflect the highest standards of transparency, integrity, objectivity and fidelity to the Constitution.
These high judicial offices demand character, integrity, credibility and an unwavering commitment to justice. Malaysia deserves no less.
Anand Raj is the vice-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
