Ex-Bar chiefs: Past 3 govts did better in upholding judicial independence

Summary

• Former Malaysian Bar presidents say it is disappointing that govt is perceived to be falling short in upholding judicial independence compared to the previous three administrations.

• They note Chief Justice Tengku Maimun Tuan Mat's reference to external interference in the judicial appointment process during a recent speech.

• The former Bar chiefs add that the independence of the courts is often the first casualty of authoritarianism and legal practitioners must protect its impartiality.

The Madani government is widely perceived to be falling short when it comes to upholding judicial independence, especially when compared to the previous three administrations, said nine former Malaysian Bar presidents.

"The pressures put on the judiciary in the last several years by external forces were clear to many of us, who know the signs only too well.

"It is widely perceived that the previous three governments valued and respected judicial independence more than the current government, which is extremely disappointing, to say the least," they said in a statement today.

The three previous governments were led by former premiers Ismail Sabri Yaakob, Muhyiddin Yassin, and Dr Mahathir Mohamad.

The statement was co-signed by former Bar presidents Zainur Zakaria, Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeoh Yang Poh, Ambiga Sreenevasan, Ragunath Kesavan, Lim Chee Wee, Christopher Leong, and Steven Thiru.

This came after Chief Justice Tengku Maimun Tuan Mat recently spoke about interference in the judicial appointments process under the Judicial Appointment Commission (JAC) Act 2009.

In a speech during the Opening of the Legal Year on Jan 8, the chief justice reminded Prime Minister Anwar Ibrahim to uphold judicial independence and cited his comments on the matter when he was opposition leader.

She noted how Anwar had said the proposed JAC Bill at the time was not enough to ensure judicial independence following the VK Lingam scandal, where a lawyer was alleged to have been involved in the appointment of judges.

While the Malaysian courts are internationally recognised for their independence, the nine former Bar presidents warned that the country would pay the price for any backsliding.

Judiciary first target

The nine pointed out that the judiciary is often the first target of an authoritarian government as the courts stand between the people and the state.

"In countries where authoritarianism thrives, the first casualty is often the independence of the judiciary.

"Why? Because they are the institution that stands between the people and any abuse of power by the state, thus holding them in check," they said.

They added that Tengku Maimun’s statement is a clarion call to protect judicial independence and the Federal Constitution that legal practitioners of the Malaysian Bar must respond to.

"We must heed her words, for they suggest we are perilously close to losing all that we have fought for in the last 35 years," they stressed.

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