Prime Minister Anwar Ibrahim has been urged to declare that he has a conflict of interest and recuse himself from the process of appointing senior judges.
The call was one of six resolutions adopted during a roundtable meeting held by the Secretariat to Defend the Judicial System, led by former prime minister Dr Mahathir Mohamad in Kuala Lumpur today.
The secretariat also proposed that Anwar take a leave of absence from his role as prime minister until his former aide Yusoff Rawther’s lawsuit against him is resolved.
“This is because the perception, or possibility, of interference in the administration of the judiciary will exist as long as he holds that position, due to the personal case he is facing.
“The names of individuals proposed to take on the role of senior judges in the Palace of Justice must be based on qualifications, integrity, and seniority, not on relationships or political affiliations.
“There should not be, or the perception of, a conflict of interest involving the prime minister in appointing the top positions within the judiciary, especially when there are court cases involving the prime minister in his personal capacity,” the secretariat said in a statement on the resolutions.
Also present at the meeting were Bersatu president Muhyiddin Yassin, PAS secretary-general Takiyuddin Hassan, and former Dewan Negara president Rais Yatim.
Top judges slated for retirement
Previously, media reports stated that nine out of the 14 top judges are scheduled for mandatory retirement this year.
Leading the list is Chief Justice Tengku Maimun Tuan Mat, who will turn 66 next month.
Also reported to be retiring are Court of Appeal President Abang Iskandar Abang Hashim and Chief Judge of Malaya Hasnah Hashim.
The resolution also called on the opposition to play its role in the Dewan Rakyat by pushing the government to amend the Federal Constitution and the Judicial Appointments Commission (JAC) Act 2009 to remove the prime minister from the judicial appointments process.
In December, Malaysiakini quoted Universiti Malaya constitutional law professor Shad Saleem Faruqi as saying that the chief justice should be the one advising the Yang di-Pertuan Agong on judicial appointments, not the prime minister.
He also recommended that the JAC Act 2009 be placed under the constitution.
Under the current system, Shad said the prime minister is not bound by the chief justice or the JAC’s advice regarding those shortlisted for judicial appointments.
He said that although the JAC Act has brought many improvements, the prime minister retains absolute discretion in choosing the names submitted to the Yang di-Pertuan Agong.
‘I never interfered with judicial appointments’
Mahathir said that he never interfered in the appointment of judges during his tenure as prime minister.
“That’s what I did - when the JAC gives the names to me, I didn’t interfere or change any of them. Whoever was chosen, I forwarded it to the Yang di-Pertuan Agong.
“Previously, the JAC went through the prime minister to reach the Agong. We are proposing that the prime minister should not be involved in the appointment of executive officials, including judges,” he said.
Mahathir has often been criticised for orchestrating the judicial crisis of 1988, during his first premiership.
Among others, this entailed an amendment to Article 121 of the Federal Constitution in 1988 that essentially removed the independence of the judiciary and made the courts subservient to federal laws passed by Parliament.
It also saw the controversial removal of Salleh Abas as Lord President of the Supreme Court, purportedly for his letter to the Yang di-Pertuan Agong and the Malay rulers opposing the changes. - Mkini
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