Malaysia’s forgotten judges and our collective amnesia

We in Malaysia evidently have short memories. We are easily distracted and tend to avoid making a fuss.

These traits have been very much in evidence when we look at how we have reacted over events during the past month or so.

Take the debacle and controversy surrounding the issue of the chief justice, for example. Initially the focus and concern was on why senior and deserving judges had not received any news of a possible six-month extension of their service. This applied principally to the chief justice, the Court of Appeal president and a senior Federal Court judge. This practice had not been problematic even if not automatic.

These were some of the best judges we have had for many years. They were internationally recognised as world class, consistently performing with honour, dignity and wisdom.

Of course, the authorities typically were tight-lipped about whether extensions would be forthcoming. When the sad day arrived and none of these judges were granted an extension, our focus apparently shifted to who would take their place instead.

These retired judges were somehow forgotten by us all. We were distracted as we considered who would replace them, especially the retired chief justice.

There was little, even no, fuss and objection over the clear, crude and rude dismissal of these senior justices by those in power. There was no public conveying of gratitude for their service.

Sure, nothing in the Constitution says anything about an automatic extension, we have been told. But a note, a statement, a short public speech acknowledging them for their years of excellent service would have been nice. Instead, we witnessed cold dismissal.

Granted, it’s probably not been done before. But this is after all, a “Madani” government with core values such as respect (hormat) and compassion (ihsan). A few kind departing words would have hit the right spots for many and illustrated a caring and mature enough leadership.

But there was virtual silence. Most of us didn’t raise any objection and went about doing what we do best. We gossiped loudly in kopitiams (coffee shops), expressing our disappointment and anger over what we felt had been a bad decision by the government, as we stared helplessly at our kopi o and teh tarik.  

We too decided to forsake these judges. We simply forgot how good they still were, and moved on to potential replacements, especially the replacement chief justice.

A leaked passage from an official document became public and went viral. We shifted our attention to the possible scandal of the new chief justice being a sycophant, allegedly pushed up the ladder rapidly to serve the needs of certain leaders in the courts.

But our leaders are nothing if not seemingly duplicitous mind-readers. They think two or many more steps ahead of us plebs. So that potential toady we feared would become our top judge was sidelined and someone seemingly more ‘acceptable’ was named.

And we were largely – and predictably for our ‘leaders’ – placated. Some of us even believed we had made a difference, that we had prevented a problematic, unpopular appointment.

But was that the case?

Writer P Gunasegaran, among others, evidently doesn’t think so. He pointed out that more senior judges in the Federal and Appeal Courts had been bypassed when this replacement chief justice was announced.

Another writer, Dafizeck Daud, more succinctly says the appointment of this fairly unknown judge “signals a pause. A breath. A recalibration”. He calls this judge a “more cautious, less polarising choice”.

More importantly, Dafizeck reminds us that whatever the outcome, “the process leaves much to be desired”. For him, the inordinate delay in determining and announcing the new chief justice was problematic. So was the lack of transparency in the process and the quite shoddy way the outgoing chief justice was treated.

This meant that “the Madani government missed an opportunity to demonstrate how a maturing democracy handles succession: openly, consultatively, and with full regard for institutional integrity”.

We could – and should – add that the Madani government also showed a quite disgraceful lack of respect for our 10th chief justice. She was our first ever woman chief justice, a towering Malaysian.

They simply let Tengku Maimun Tuan Mat go into retirement with hardly a word of thanks. There was hardly any public indication of being grateful for her years of sterling service for the judiciary and, more, for the country.

For that, they should hang their heads in shame.

Rom Nain
Co-editor, Aliran newsletter
24 July 2025

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama

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