Opposition Leader Lim Kit Siang has described the chief justice's response to setting up an independent judicial commission on appointment and promotion of judges as "ill-advised and done in poor taste".

Chief Justice Ahmad Fairuz Sheikh Abdul Halim's statement, reported in NST on Thursday, likened the proposal for the independent judicial commission to nudity rather than transparency.

"Transparency should have its limits. Don't tell me when we are transparent, we have to be nude. That is not transparency, that's nudity.

"You want everything to be absolute? There is no such thing as absolute freedom or absolute transparency. That's the way I look at things," he was quoted as saying.

The chief justice said he would not comment further until a memorandum or proposal regarding the commission is submitted to him.

He also defended himself and the judiciary as being transparent since his appointment.

Part of judicial reforms

Lim responded by saying that Ahmad Fairuz should realise that the commission proposal pre-dates his appointment to the top judicial post in the land.

"(The commission is) meant to enhance public confidence in the system of justice and there is nothing personal against any personal holder of the office," he said in a statement.

Lim stressed that it is wrong to categorise the proposal of an independent judicial commission as an exercise in nudity rather than transparency.

He pointed out that other countries such as Canada, New Zealand, South Africa and the United Kingdom have adopted the commission as part of judicial reforms.

The opposition leader pointed out that a new system of judicial appointments to ensure transparency is needed ever since the sacking of three Supreme Court judges in 1988.

Known as Malaysia's darkest hours in its judicial history, Salleh Abas was tried on charges of misconduct and for questioning constitutional amendments that seriously eroded the powers of the judiciary. Salleh was subsequently sacked.

Supreme Court judges George Seah and Wan Sulaiman - who had ruled that the tribunal was convened unconstitutionally - were also sacked after being found guilty of misconduct by another tribunal.

Why commission is necessary

Lim then listed reasons for the commission to be set up, namely:

  • A more transparent process of judicial appointments is needed to ensure that the justice administered by the judges will be of superior quality.

  • To overcome flaws of the present system of judicial appointment, which lies in the hands by two persons, the prime minister and the chief justice, including the selection and appointment procedure not transparent; the selective consultation process and the lack of appraisal of the candidates against pre-determined criteria.

    • He added that Ahmad Fairuz should demonstrate that he is reform-minded by leading judicial reforms with a new judicial appointment process.