As judges exit, Malaysian Bar tells govt to learn from 1988 judiciary saga

As the country’s top judges exit, the Malaysian Bar reminds Putrajaya of the 1988 legal saga - a constitutional crisis that saw executive interference in the judiciary.

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In a statement, its president Ezri Abdul Wahab took the federal government to task over the non-extension of Chief Justice Tengku Maimun Tuan Mat’s tenure, whose term ended yesterday without any clear succession plan.

“The lack of transparency surrounding the non-extension of the chief justice’s tenure and the delay in appointing a successor are more than administrative issues - they risk undermining public trust in the judiciary.

“This is a matter that goes to the heart of national governance.

“The Bar reminds all branches of government that the events of 1988 remain a permanent reminder of how fragile judicial independence can be when vigilance falters.

“The lessons from that episode must not be ignored. Any conduct or inaction that raises doubts about the independence of the judiciary must be addressed,” he said.

1988 constitutional crisis

In 1988, the government led by then-prime minister Dr Mahathir Mohamad introduced an amendment to the Federal Constitution to check the judiciary, which placed the judiciary under federal laws passed by Parliament.

The amendment was tabled not long after Kuala Lumpur High Court judge Harun Hashim declared Umno an unlawful society, a ruling he made in a case brought by 11 party members who challenged the outcome of the Umno election in 1987.

Former Lord President Salleh Abas

This later led to the controversial dismissal of Lord President Salleh Abas, who opposed the constitutional amendment, and five Supreme Court Judges.

Ezri, in his statement, also called on all MPs, especially those within the legal profession, to raise the issue when the Dewan Rakyat convenes later this month.

“A seamless transition should have been assured well before the retirement of the sitting chief justice.

“The failure to do so sends an unsettling message - that the judiciary can be left in uncertainty without due regard to its role and stature,” he said. - Mkini