Malaysian Bar calls on new CJ to bolster independent judiciary

The Malaysian Bar has called on the newly appointed Chief Justice Richard Malanjum to bolster judiciary independence and implement much-needed judicial reforms during his tenure.

In welcoming the recent appointment of Justice Malanjum, as well as Justices Ahmad Maarop and David Wong Dak Wah as Court of Appeal president, and Chief Judge of Sabah and Sarawak respectively, Bar president George Varughese said it was important to protect the country's judicial system from undue pressure and "unconstitutional appointments".

"The Malaysian Bar hopes that a more independent judiciary and much needed judicial reform will be the hallmarks of Richard Malanjum’s tenure as chief justice. It is vitally important that individual judges, and the judiciary as an institution, are independent and courageous, and impervious to any and all improper pressure, so as to uphold and honour the rule of law

"We trust that these new appointments herald a new dawn of independence for the judiciary, and will lift the judiciary from the quagmire of the unconstitutional appointments of the previous chief justice, (Justices) Md Raus Sharif, and the previous president of the Court of Appeal, Zulkefli Ahmad Makinudin," Varughese said in a statement.

He further promised that the Malaysian Bar would work with Malanjum, Ahmad Maarop, and Wong to cultivating a more effective relationship with the judiciary based on mutual respect and with due regard of each other’s role.

Varughese was referring to the extension of the tenure of both Raus and Zulkefli by the previous government before the two were set to leave at the constitutionally mandated retirement age.

Raus and Zulkefli had both been originally appointed as chief justice and Court of Appeal president during their legal tenure.

However, controversy arose when the two were taken on as additional judges when they reached the mandatory retirement age of 66 years and six months and thus, retaining their respective posts.

This came as Article 122(1A) of the Federal Constitution provides for additional judges, who do not have an age limit imposed upon them.

The Malaysian Bar were among those that had heavily objected to the move, taking the matter up to the Federal Court before a seven-member bench earlier this year, to look into the legality of the appointments. The bench has yet to deliver its decision.

Although Raus and Zulkefli ultimately tendered their resignations last month, it would only take effect on July 31, causing many to object, stating the lengthy resignation period would deprive others, including Malanjum, from serving as chief justices.

However, it was reported that the two top judges were made to vacate their posts immediately, upon the swearing-in of Justice Malanjum on Wednesday. - Mkini