Judicial integrity as vital as independence, says CJ

Judicial integrity is as important as independence, said Chief Justice Arifin Zakaria.

Addressing a gathering of High Court, Court of Appeal and Federal Court judges during the Judges Conference in Kota Baru today, Arifin said an independent judiciary is the hallmark of civilized society.

“The judiciary must operate independently from any unnecessary intervention. In exercising judicial functions, judges must not only be free, but must also be perceived as being free. 

“Judges are conferred with independence in their adjudicative process so that they can dispense justice without fear or favour, premising upon the facts, evidence and law applicable to them,” he said in his speech at the opening.

Arifin noted, however, that independence alone cannot secure the rule of law without judicial integrity.

“Both exist side by side. Judges must be accountable for the performance of their official duties. They must always defend their oath of office at all times. Inefficient, incompetent and biased judges are indeed subjected to disciplinary action under our code of ethics. 

“They may even be removed for lack of efficiency,” warned the chief justice.

‘Judges must write quality judgments’

Arifin said judges must also write quality judgments in delivering their decisions.

A quality judgment is inseparable from the rule of law as the court’s duties are not only to apply and enforce the law, but also to interpret and explain it to the litigants and the public. 

“We have to provide reasons through our judgment. A good judgment which is based on proper analysis of facts and correct application of law is not only a proof of the intellectual quality of a judge and the judiciary. 

“Independence and competency of judges help instill public confidence in the judiciary,” he emphasised.

The five day judges conference is attended by nine Federal Court judges, besides Chief Judge of Malaya Zulkefli Ahmad Makinuddin, Chief Judge of Sabah and Sarawak Richard Malanjum, President Court of Appeal Md Raus Sharif and Arifin himself.

Besides this there are 21 Court of Appeal judges, 65 High Court judges and 24 judicial commissioners in attendance.