Ex-judge, lawyers laud Bar’s proposal for independent wage tribunal for judges

 

The Malaysian Bar is calling on the government to set up an independent remuneration commission to review the remuneration of judges.

PETALING JAYA: The Bar Council must be commended for recommending the exclusion of the prime minister and members of the executive branch from deliberations over the remuneration of judges, a retired judge and two senior lawyers said.

This will reinforce the independence of the judiciary in the eyes of the public, they said.

“Judges’ remuneration should not be determined by the executive but by an independent tribunal,” said the former judge, who spoke on condition of anonymity.

He was commenting on a resolution passed by the Malaysian Bar at its annual general meeting calling on the government to set up an independent remuneration commission to conduct periodic reviews of salaries and perks for members of the judiciary.

Pending the establishment of the commission, lawyers present at the AGM called for Putrajaya to immediately conduct a review of the existing remuneration for judges.

The resolution, proposed by Bar president Karen Cheah, saw resounding support from members who attended the Bar’s 77th AGM on Saturday.

The former judge said the resolution will be welcomed by the judiciary as it “would not look nice” for such a proposal to emanate from the judges themselves.

“Hence, the council’s resolution is apt and timely,” he said.

Senior lawyer Bastian Pius Vendargon lauded the resolution, saying it will bring forth distinct advantages.

“It will remove the role of the executive in controlling judges’ remuneration, and enhance the independence of the judiciary,” he said.

It is also in line with the practice in several other jurisdictions, especially in the Commonwealth, he said.

Lawyer Salim Bashir said such a commission will allay concerns about judges being susceptible to pressure from the executive branch.

“The resolution was mooted as lawyers, too, have a duty to ensure that judges were free from any form of interference,” said Salim, a former president of the Bar.

He said the call for a salary revision was timely given that the last review was carried out in July 2015.

Salim said setting the right levels of salaries will ensure that the bench attracts and retains the very best legal minds in the country.

“This must be done by means of an objective and independent process,” he added. - FMT