Unanimous ‘aye’ for resolutions to protect judicial independence

 

Bar Council members on the stage at the Malaysian Bar’s 79th AGM in Kuala Lumpur today.

KUALA LUMPUR: 

The Malaysian Bar today unanimously passed two amended resolutions reaffirming their commitment to defending judicial independence and condemning any interference by the executive, legislature, or unauthorised individuals.

A senior lawyer said all 42 Bar Council members supported the revised resolutions at the 79th annual general meeting at Wisma MCA.

Today’s meeting started as scheduled as the quorum of 500 was obtained.

“The resolutions were passed unanimously with no members abstaining,” he told FMT, adding that it also reflected the undivided support of 24,000 lawyers from the peninsula for superior court judges against interference from the executive and legislature.

Alex De Silva proposed the resolutions, which were seconded by Razlan Hadri.

The first motion called for the Bar to condemn in its strongest terms any interference in judicial affairs, including any unauthorised person who attempt to circumvent the constitutional and statutory framework for judicial appointments as provided in the Federal Constitution and the Judicial Appointments Commission (JAC) Act.

It also urged the government to establish an independent commission of inquiry to conduct a thorough and transparent investigation into Chief Justice Tengku Maimun Tuan Mat’s speech at the opening of the legal year in January.

The second motion called for the Bar Council to take immediate action, whether through public statements or legal proceedings, whenever credible information arises regarding attempts to undermine judicial independence or improperly influence judicial appointments.

It also stated that the Bar must be committed to defending the independence of the judiciary without fear or favour.

The resolutions were presented as lawyers feared any interference with the judiciary would jeopardise the nation’s economic prosperity and business confidence.

It could also derail free and fair dispute-resolution mechanisms essential for commerce, economic development and foreign investments.

At the opening of the legal year, Tengku Maimun had said judicial independence must be protected at all costs and that external interference in the appointment or promotion of judges was unacceptable.

The top judge, who is scheduled to go on mandatory retirement in June, said any unsanctioned person who interferes with the JAC’s functions would amount to committing a crime.

Her remarks were widely interpreted within the legal fraternity as a reference to appointments that may have been made outside the proper constitutional and statutory framework. - FMT