LETTER | I, Chin Tek Ming, a practising lawyer based in Sabah, fully support the recent remarks made by former MACC chief commissioner Latheefa Koya, as reported by Malaysiakini on July 13.

In the report, Latheefa urged for constitutional amendments to enhance the independence, integrity, and transparency of the judiciary - especially through reforms to the Judicial Appointment Commission (JAC).

Her call is both timely and necessary. Our judiciary faces a credibility crisis that demands urgent institutional reform. Most notably, the recent leak of the JAC meeting minutes has seriously undermined public confidence in the impartiality and transparency of judicial appointments.

When such sensitive internal discussions are exposed, it not only damages trust in the institution but also exposes the vulnerability of judicial independence to political or external influence.

Further compounding this concern is the retirement of two top judges without term extensions, despite precedent suggesting otherwise:

Tengku Maimun Tuan Mat, the chief justice, retired on July 1, without a six-month extension.

Abang Iskandar Abang Hashim, the Court of Appeal president, retired on July 2, also without an extension.

These abrupt transitions raise pressing questions about the continuity, independence, and succession planning within the judiciary.

Greater Sabahan representation

In light of these developments, I wish to reaffirm my earlier public statement published on Malaysiakini on June 9, which called for greater Sabahan representation in the higher judiciary and the JAC.

As Malaysia continues to mature as a federation, it is vital that the spirit and terms of the Malaysia Agreement 1963 (MA63) are respected and realised, particularly in key national institutions.

I reiterate the following points:

1. Judicial appointments must reflect regional balance, especially for Sabah and Sarawak. The omission of East Malaysian representation risks alienating a significant part of the Federation.

2. The appointment of respected and experienced Sabahan jurists - such as Richard Malanjum and David Wong - to the JAC would enhance public trust, bring a regional perspective, and add legal wisdom to the selection process.

3. The separation of powers between the executive, legislature, and judiciary must not only exist in principle but also be clearly seen in practice. Without visible independence and impartiality, the public’s faith in the rule of law will continue to erode.

In conclusion, I urge the government to take Latheefa’s recommendations seriously and to ensure that any forthcoming constitutional amendment includes provisions that promote judicial independence, public accountability, and regional inclusivity, especially for Sabah and Sarawak.

Only through such reforms can we rebuild confidence in our legal system and uphold the foundational democratic principle that justice must not only be done, but must also be seen to be done.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.