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I refer to the Malaysiakini report Dr M: I don't have to explain why .

I read with interest our former prime minister Dr Mahathir Mohamad’s testimony at the Royal Commission of Inquiry into the Lingam Tape.

I have to agree that Mahathir is right - under our present system, the PM is entrusted to appoint judges and the appointment of judges, including that of the chief justice, is his sole prerogative and he does not have to give reasons for accepting or rejecting recommendations from the chief justice.

What is wrong is the whole system of judges’ appointment. How can a person from the executive branch decide the appointment of top people in another branch, the judiciary, when all the three branches of government are supposedly independent from each other?

How to stop any abuse of power when one person is given so much of power? Remember the saying ‘Power corrupts, absolute power corrupts absolutely’. When the system is like this, how can anyone say the former PM is wrong to be lobbied by interested people?

This system, where one person decides everything - of course, still subject to the consent of the King theoretically - must be reviewed and changed. It is clear that the rot in judiciary is because this branch of government is now subjected to the influence of the executive, by virtue of the executive having all the powers to appoint and promote officers within the judiciary.

It is human nature (and judges are no exception) for a person to feel grateful to those who appoint and promote him. It will be natural for that person to oblige to a request from the top person who promoted or appointed him.

So, the most important first step in the revival of the good name of the judiciary will be to set up a judicial commission to decide the promotion and appointment of judges. This commission should be made up of respected retired judges, public notaries and representatives from the Bar.

While the chief justice can still make recommendations, the final decision on the appointments and promotion of judges and judicial officers must be made by this commission. In this way, such promotions and appointments will be transparent and those appointees will not feel obliged to any single person.

Only then can our judges be totally independent and totally free to make judgements solely on the merits of a case, and not because of any personal ties or relationship.


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