CJ confident PM will uphold judicial independence, refers to past remarks

Summary

• Chief Justice Tengku Maimun Tuan Mat is certain that Prime Minister Anwar Ibrahim will uphold the integrity and independence of the judiciary.

• She cites how Anwar had in the past objected in Parliament as the opposition leader to the then Judicial Appointment Commission Bill, which he said was not enough to ensure judicial independence.

Chief Justice Tengku Maimun Tuan Mat expressed her confidence that Prime Minister Anwar Ibrahim will continue to uphold judicial independence.

She made the remark after reflecting on how then-opposition leader Anwar, in 2009, raised an objection in the Dewan Rakyat over the Judicial Appointment Commission (JAC).

Tengku Maimun said Anwar had objected to the Parliamentary Bill (which has become law) because it was not enough to increase judicial independence.

“Incidentally, 15 years ago, before the Judicial Appointment Commission Act 2009 was enforced, the then leader of the opposition made the comments that he did, as reflected in the Hansard, on the appointment of judges and judicial independence.

“I am certain that now, as prime minister, Anwar and his government will remain true to those comments by continuing to unreservedly remain committed to upholding the cause of judicial independence,” she said in a speech during the Opening of Legal Year 2025 at Putrajaya International Convention Centre (PICC) today.

All about perception

Referring to the Dewan Rakyat Hansard dated Dec 16, 2008, and Dec 17, 2008, she invited the audience to reflect on how many members of the then opposition appeared to express sentiments that the JAC Bill was merely a cover-up for all past judicial appointments that had been made.

She said Anwar’s strong views over the VK Lingam incident (where a lawyer was alleged to have been involved in the appointment of judges) and his then conclusion that the JAC Bill was not enough to restore judicial independence.

Tengku Maimun said that the purpose of the JAC Act, as clarified by the government then, was not to change constitutional mechanisms in the appointment of judges but to further streamline and enhance the selection of candidates for judicial appointment.

She noted that Anwar’s then observation in the Dewan Rakyat related directly to the notion that perception plays a big part in judicial independence.

“When things like this happen, it is very similar to if not worse than the lessons in the children’s parable of the boy who cried wolf. Crying wolf wantonly could backfire when no one believes you when the wolf actually arrives to eat the sheep. 

“Applying it to us, making the irredeemable mistake of rendering one decision coloured with bias, or appointing one candidate that is only chosen as a favour, throws into question the integrity of the entire judiciary and none of the decisions delivered after that will engender the public confidence and trust, even if that decision is absolutely correct on the facts and the law,” she said.

‘Remember your oaths’

Tengku Maimun reflected on how it took decades since the 1988 judicial crisis to instil public trust and confidence in the judiciary, and that it is imperative that judicial independence be upheld and enhanced.

She said she raised the JAC issue so that the audience today could seek possible improvements in future.

“I have been an ardent and firm believer in the independence of the judiciary, including the appointment of its judges. Hence, I have steadfastly observed all the principles espoused in the (Federal) Constitution and the JAC Act 2009. 

“If anyone has any reason to believe that we have not done this, then I would remind you that, as the law and procedure stand, the JAC again is only but one part of the appointments process, and you should perhaps point the finger elsewhere.

“As I near the end of my tenure, it is my sincere hope that those responsible for the appointment of judges remember their commitments to their oaths and duties under the (Federal) Constitution and law, and continue to hold true to past comments or commitments that they may have made regarding the fair, independent, and unadulterated appointment of judges,” she said.

Judge fairly even if faced by executive request: CJ

COMMENT | Was AGC incompetent over Najib's, Zahid's DNAA?

PM appoints Idrus, three others into JAC

Hasnah sworn in as Chief Judge of Malaya

Idrus now a member of JAC