Bar: Govt inaction on CJ's tenure a failure in institutional responsibility

Summary

• The Malaysian Bar slams govt’s “indefensible” silence on whether Chief Justice Tengku Maimun’s tenure will be extended, with her mandatory retirement just 24 hours away.

• Bar warns that this unprecedented uncertainty undermines judicial independence and public confidence.

The Malaysian Bar has slammed the ongoing silence and hesitation over Chief Justice Tengku Maimun Tuan Mat’s service extension as indefensible, particularly with her mandatory retirement just 24 hours away.

Its president, Ezri Abdul Wahab, said that a breakdown in governance risks damaging public confidence in the judiciary and opens the door to speculation and unhealthy conjecture.

“The position of the chief justice is not symbolic - it is central to the integrity, independence, and functioning of the entire judicial system. Leaving the post in uncertainty so close to the retirement date reflects a failure in institutional responsibility.

“The Bar has consistently refrained from advocating for or against the appointment or extension of any individual judge. Our role is not to lobby, endorse, or influence the appointment process. The Bar respects and upholds that boundary.

“But we must also speak when institutional silence threatens judicial independence,” Ezri said.

He stressed that the situation is not one of lobbying or preference, but rather concerns urgency, transparency, and the proper operation of constitutional democracy.

Ezri pointed out that in the absence of clarity, the public will begin to speculate, which in turn will erode their confidence in the government.

“None of this should be allowed to happen - and yet, all of it could have been easily avoided with timely action,” he added.

Ezri said that the situation involving Tengku Maimun is also “unprecedented.”

“Malaysia has clear precedents for handling transitions in judicial leadership. Acting appointments have been made when necessary, and leadership transitions have generally been dealt with adequate foresight.

“What is unfolding now is unprecedented. With less than 48 hours to go before the sitting chief justice retires, there is still no official word from the relevant authorities. This vacuum, at the very apex of the judiciary, is as absurd as it is dangerous,” he said.

‘Politicisation’ of judiciary

Earlier, Prime Minister Anwar Ibrahim slammed alleged attempts to lobby the government into extending Tengku Maimun’s tenure.

In his speech at the Prime Minister’s Department this morning, he called the move an attempt to politicise the judiciary and stressed it should not have happened with such an independent institution.

Anwar sarcastically said that if such a practice were to be allowed by the government, they would soon see other civil servants, such as the chief secretary to the government, lobbying to keep their jobs.

He added that the prime minister does not have the absolute power to decide on the appointment of judges.

Instead, he added, such a decision has to go through a process involving the Judicial Appointments Commission (JAC), obtaining the consent of the Yang di-Pertuan Agong, and a discussion by the Conference of Rulers.

Call ‘in good faith’

In his response, Ezri concurred with Anwar, adding that the Bar fully supports the principle that judicial appointments must remain free from lobbying or external pressure.

However, he said that the Bar’s call for clarity on the impending transition is made in good faith, and in line with our duty to uphold institutional continuity and public confidence in the administration of justice.

“At this critical juncture, what is required is clear leadership and timely, decisive action.

“The Bar calls on the authorities responsible to immediately announce the course of action, whether it be an extension or an appointment, in accordance with the Federal Constitution and the JAC process,” Ezri said.

Tengku Maimun will reach the mandatory retirement age for judges, 66, tomorrow, July 1.

Two other top judges, Court of Appeal president Abang Iskandar Abang Hashim and Federal Court judge Nallini Pathmanathan, are also set to retire soon, on July 2 and Aug 22, respectively.

As Tengku Maimun’s retirement looms, certain quarters have slammed Anwar for not extending her tenure, with a PAS leader comparing Tengku Maimun’s case with the renewal of MACC chief Azam Baki’s tenure for a third time despite heavy criticism.

COMMENT | Is non-extension of CJ's tenure a bad omen?

Dr M's lawyer defends Anwar, CJ, moots committee on judicial reform

Govt open to proposal on improving laws, CJ appointment

COMMENT | As CJ departs, PM must ensure judicial independence

PM should recognise CJ's contribution, extend her tenure: Lawyer

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

Ramkarpal joins chorus urging govt to retain Tengku Maimun as CJ

Stung Zaid decries exit of CJ who stood against political pressure