Summary

  • Former Malaysian Bar presidents warn that the government may lose public confidence if it fails to extend the tenure of Malaysia’s top judges soon.

  • They are referring to Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim and Federal Court judge Nallini Pathmanathan - who are set to retire soon.

  • The lawyers say Malaysia needs distinguished judges like the trio, adding that courts currently lack senior judges.

With three top judges nearing retirement, legal eagles said failure to extend the tenure of capable judges may erode public confidence in the government.

“Much is left to be desired in this unacceptable treatment of the judges.

“A government that came into power with the support of the people for its solemn promise of building strong and independent institutions and checks and balances, will lose that trust and support if the judiciary is undermined,” said several former Malaysian Bar presidents in a joint statement today.

The signatories of the statement are Zainur Zakaria, Mah Weng Kwai, Kuthubul Zaman Bukhari, Yeo Yang Poh, Ambiga Sreenevasan, Ragunath Kesavan, Christopher Leong and Steven Thiru.

Two days ago, Chief Justice Tengku Maimun Tuan Mat said there has been no update regarding the possible extension of her tenure, as well as that of two other top judges.

Her tenure is set to expire on July 1.

Chief Justice Tengku Maimun Tuan Mat

The two others, Court of Appeal President Abang Iskandar Abang Hashim and Federal Court judge Nallini Pathmanathan, are set to retire on July 2 and Aug 22, respectively.

Under Article 125(1) of the Federal Constitution, Federal Court judges may serve until the age of 66, with the possibility of a six-month extension subject to the approval of the Yang di-Pertuan Agong.

Why ignore outstanding judges?

Unimpressed with the situation, the lawyers said it was mystifying why outstanding judges like the trio have yet to receive the extension, despite the courts lacking senior and experienced judges at present.

“Why the exclusion, when it is undeniable that they have acquitted themselves in the best traditions of the bench?

“One only has to read their judgments to appreciate why we are incredulous, and believe that their non-extension is a profound mistake,” they added.

Extolling the three judges’ credentials, the lawyers pointed out that Tengku Maimun has reinvigorated the judiciary by leading the third branch of government with integrity, intellect, courage, and dignity.

The trio, they added, had demonstrated the sterling qualities that make Federal Court judges the crème de la crème among the rest.

“They have propelled the Malaysian judiciary to international recognition and repute, and have made our judiciary one of the most respected.

“Recent international surveys and reports testify to this. We should be proud of this monumental achievement,” they added.

Sending a message?

However, the lawyers believe there is a perception that the judges’ tenures may not be extended as their court judgments were not in line with the wishes of the powers that be, indirectly sending a message to other judges to “toe the line”.

“Rightly or wrongly, these perceptions strike at the foundation of the judiciary and erode the independence of the institution.

“We urge the government not to allow any backsliding in preserving, promoting and protecting the independence of the judiciary, as this would hurl us into a past that Malaysians would rather forget,” they said.