MP SPEAKS | The suggestions offered by Chief Justice Tengku Maimun Tuan Mat recently on reforms in respect of judicial appointments at the 24th Commonwealth Law Conference in Malta are welcomed and certainly, within the area of institutional reforms which the Madani government has made a priority.
I note that there has been criticism over her remarks from former minister Nazri Abdul Aziz, questioning her views in the said appointments process since she herself was appointed chief justice under that process, which is based on British legal conventions.
However, it is unfortunate to hear such baseless criticism from Nazri. He should understand that legal and institutional reforms often involve departures from previous practices and norms when such practices are found to be outdated and ill-suited in today’s context.
There can be no doubt that this would have been the underlying consideration of the government when passing legislation for the purpose of reforming outdated laws in the country.
This includes the abolition of the mandatory death penalty in 2023 and the ongoing studies being carried out to separate the public prosecutor’s office and the attorney - general to reform the way prosecutions are instituted and conducted in the country today.

Going by Nazri’s logic, such a separation should not be contemplated as this is a system that we have been practising for decades, which is a view that is, in itself, outdated!
Remember 1988 judicial crisis?
Coming back to Tengku Maimun’s views, she stated that the prime minister ought to be excluded from the judicial appointments process to enhance the perception of impartiality, which is certainly one that merits serious consideration.
It also warrants further discussion as past events in this country, particularly the judicial crisis in 1988, had caused a serious erosion of public confidence in the judiciary, which, as rightly pointed out by Tengku Maimun, has taken years, if not decades, to overcome.
The chief justice’s remarks did not in any way undermine or attack the current administration but were merely aimed at highlighting certain facts that are in the public domain.
And it was said with a view towards the betterment of the judiciary as a whole.
And I hope the government receives more such constructive feedback moving forward. - Mkini
RAMKARPAL SINGH is Bukit Gelugor MP.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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