Malaysiakini Yoursay

Yoursay: Sack top judges if necessary, but do it lawfully

Yoursay  |  Published:  |  Modified:

YOURSAY | 'The entire judiciary needs to be cleaned up.'

PM backs Council of Eminent Persons on call for judges to quit

Kim Quek: Prime Minister Dr Mahathir Mohamad is missing the point. The issue is that Council of Eminent Persons chairperson Daim Zainuddin has committed two wrongs in this matter.

First, Daim violated the independence of the judiciary by allegedly summoning the two top judges – Chief Justice Md Raus Sharif and Court of Appeal President Zulkefli Ahmad Makinudin – and demanding their resignations. Not even the prime minister is entitled by law to do that.

Second, as a member of an advisory body to the government, Daim had exceeded his authority by interfering in this judicial dispute on behalf of the government.

As a reformist government that has vowed to uphold the rule of law, Pakatan Harapan must continue to pursue a solution to this issue in accordance with the provisions of the Federal Constitution.

Anonymous_1c800d6c: Indeed, the council is acting without authority. Please don't be like BN. You cannot just do what you like. Everything has to follow the rule of law and the constitution.

If they have to be sacked, then sack them. But do it properly. Not through the Council of Eminent Persons. Do it lawfully, or this will just be more ammunition for BN.

Susah Kes: I love the conspiracy theories coming out of the woodwork. "(Former Federal Court judge) Gopal Sri Ram is jealous," "Sri Ram is dramatic," etc.

In the first place, let's not allow fat to cloud the issue and our judgment. Was Sri Ram pointing out facts? That Daim has no locus standi to demand the judges to resign? Daim may ask; but demand, no.

Sri Ram may very well have a point, because the Council of Eminent Persons – as powerful as they are – are nevertheless are not a legally instituted body under any law.

They are only advisers, with their term to be up within 80-90 days. They may have been empowered by Mahathir to dig the dirt out, or suggest improvements and appointments of personnel – but they do not have the jurisdiction to demand anybody's resignation.

That comes from the approved hierarchy, e.g., the cabinet. If the leaders in government now keep saying: "We will follow the law, a government of the law", then just follow the law.

Don't get starry-eyed - even Mahathir needs to be kept in check. Gee, I miss former MP Rafizi Ramli!

Gerard Lourdesamy: Raus and Zulkefli can be removed by invoking clauses 3, 4 and 5 of Article 125 of the Federal Constitution for breaches of the judges' code of ethics.

The Federal Court in the Allied Capital case and the Court of Appeal in the Hong Leong Equipment case have explained the effect of the code. The law is clear. If a tribunal is appointed, these judges may lose their pensions as well.

Judges of the superior courts should be reminded to decide cases based on the constitution and the law and not be influenced by their political, racial or religious sentiments, subservience to the executive or legislature, relying on obtuse national security and public order grounds and siding with the police in many cases.

The fundamental freedoms in Part II of the constitution must be given a generous, broad and liberal interpretation and not be constrained by obsolete precedents.

If these judges are not up to the job, they should be told to resign. It is time that at least 50 percent of the judges are appointed from the Bar, to ensure diversity, experience and integrity in the judiciary.

The present bench is dominated by lawyers from the judicial and legal service who still have an appalling civil servant mentality, and always wanting to defer matters to the government. This misguided notion of loyalty must end.

Lodestar: The already tarnished Malaysian judiciary was turned into a farce by these two senior judges who, sworn to uphold the rule of law, instead accepted unconstitutional extensions to their terms so as to continue propping up the kleptocracy.

Asking them to resign may be a waste of time since they have no shame left. It's time to apply the boot.

Anonymous_1527925538: The council has no authority to force the resignations of judges.

However, nothing wrong for them to discuss with those judges about their possible voluntary resignation, as there are doubts by the people on the way the judges’ appointments were made.

Dizzer: You can't just sack judges; there has to be a proper process involving a properly constituted tribunal.

Mahathir did this once before in 1988 and look where we ended up. He needs to atone for his earlier errors by making the judiciary genuinely independent of the executive – surely this is the single biggest reform demanded by the rakyat on May 9.

Worried Sick: I do hope that these two judges resign on their own accord, rather than have a tribunal doing it in the long run. The country can save a long and tedious period of uncertainty, and all of us can go on with our lives.

Former prime minister Najib Abdul Razak has visited so much ignominy upon Malaysia that it will take a long time for the healing process to be completed and we are once again able to lift our heads high. So, please judges, leave in dignity.

Seladang: The perception of the judiciary is that it is tainted with some corrupt and/or mediocre judges, who have meted out incredibly biased judgments against innocent plaintiffs.

These two senior judges must be sacked. The whole judiciary must be revamped and corrupt, incompetent judges promoted by Umno-BN kleptocrats to protect their plunder must be terminated.

New wise, independent and knowledgeable judges must be appointed to protect the weak and the innocent. Justice must be seen to be done and there must be judicial review of litigation judgments which have been tainted by corrupt practices.

Anonymous_658474384743907: The plan among those who still have an Umno mentality, as we are quite clearly seeing here and in government departments, is to delay government progress wherever possible.

This petulant behaviour does not smack of decency or professionalism, and it certainly isn't being done in the interests of our country.

It is yet another reason for Harapan to maintain the unrelenting momentum.

Sacking the IGP is only part of the solution

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