Removing PM’s role in appointments will help fix judiciary’s image, says CJ

 

Chief Justice Tengku Maimun Tuan Mat said a fundamental safeguard of an independent judiciary lies in the process that governs judicial appointments. (Bernama pic)

PETALING JAYA: 

Removing the prime minister’s role in the appointment of judges can help dislodge the perception of political influence in the judiciary, says the chief justice.

Tengku Maimun Tuan Mat said there had been proposals of late that the Judicial Appointments Commission (JAC) Act 2009 and the Federal Constitution be amended to remove the role of the prime minister in the appointment of judges.

“Such changes, in my view, would reinforce the impartiality of the selection process, ensuring that judicial appointments remain firmly grounded on merit and free from any perception of political influence,” she said in a speech at the 24th Commonwealth Law conference in Malta.

Noting that the judicial crisis of 1988 had cast a long shadow on the independence of the judiciary, Tengku Maimun said a fundamental safeguard of an independent judiciary lies in the process that governs judicial appointments.

While the Federal Constitution stipulates the process, which includes consultation among the prime minister, top judges and the Yang di-Pertuan Agong, these provisions were deemed insufficient.

As such, this constitutional framework was further bolstered by the JAC which was established under the JAC Act 2009, Tengku Maimun said.

The JAC is required to send a list of candidates for the top post to the prime minister, who will tender his advice to the king. The law, however, requires the king to act on the prime minister’s advice after consultation with the Conference of Rulers.

However, the prime minister can bypass the JAC’s recommendation in deciding on appointments, especially for the four judicial offices.

Tengku Maimun warned that the 1988 judicial crisis had highlighted the fact that while constitutional safeguards provided a strong foundation for judicial independence, it was not always sufficient to shield the judiciary from external pressures.

She said the 1988 judicial crisis – which followed the removal of then lord president Salleh Abas and the suspension of five Supreme Court judges – dealt a severe blow to judicial independence and public confidence in the judiciary.

“It cast a long shadow over the institution, fuelling concerns about political interference in judicial affairs.”

Salleh was reported to have been sacked following several court decisions that were deemed unfavourable to the then government led by Dr Mahathir Mohamad.

Tengku Maimun said after 1988, the judiciary was seen as having “lost its independence, its vigour and perhaps even its legal or moral authority to decide cases”.

However, she said, the Malaysian judiciary had since reclaimed its independence and had restored itself as the only independent defender of the Federal Constitution. - FMT