Bersatu leader urges Anwar to take leave during judicial appointments RCI

Summary

• A Bersatu leader urges PM Anwar Ibrahim to take temporary leave to ensure an RCI probe into alleged judicial appointment interference remains transparent and independent.

• The Defend the Judiciary Secretariat criticises the government for remaining silent on what it described as a national issue impacting judicial independence.

• MIPP notes that PKR MPs voicing concern confirms the seriousness of the issue and urges Malaysians to unite in pressuring the government.

A Bersatu grassroots leader called for Anwar to take leave from his duties as the prime minister while a Royal Commission of Inquiry (RCI) probes recent allegations over judicial appointments.

Hulu Langat Bersatu information chief Shafiq Abdul Halim said this would preserve the integrity of the investigative process while ensuring that the RCI’s findings are independent and transparent.

“Although there is nothing specific in the Federal Constitution that provides for the suspension of the prime minister, this action can be implemented based on the principles of accountability and moral responsibility in governance.

“A prime minister should, on his own conscience and consideration, go on leave to pave the way for an investigation that is free from any influence,” he said in a statement today.

The deputy prime ministers could run the country in the meantime, and Anwar should be able to resume his duties if the probe’s findings are in his favour, Shafiq added.

Scandal shaping up

Earlier today, nine PKR MPs demanded in a joint statement the formation of an RCI to investigate recent allegations linked to the functions of the Judicial Appointment Commission (JAC).

The group, led by the party’s former deputy president Rafizi Ramli, expressed concerns that a new judicial appointments scandal is shaping up based on allegations that the government did not act on the JAC’s proposed candidates, which had been submitted prior to Tengku Maimun Tuan Mat’s retirement.

They were also alarmed by claims that the JAC was summoned for an urgent meeting in violation of the 10-day notice rule to propose new candidates for the vacancies.

Another issue they were concerned about pertained to allegations that the JAC had previously questioned a Federal Court judge over claims of judicial interference.

Amid mounting bipartisan pressure, the Defend the Judiciary Secretariat commended the PKR backbencher MPs for their stand while slamming the silence of other party lawmakers and those in the government bloc.

“As mentioned by the Pandan MP (Rafizi), this is a national issue, so do the other government MPs not feel the same?” Pejuang information chief Rafique Rashid and Hindu Rights Action Force (Hindraf) president P Waythamoorthy asked in a statement today.

The secretariat applauded suggestions for an RCI, but cautioned that the commission would lie under the purview of the cabinet, which is directly controlled by the prime minister.

Referring specifically to the JAC questioning a senior judge, the secretariat suggested a tribunal as the best method to settle the matter, saying a judge should be judged by their peers.

Serious issue

In a separate statement today, Malaysian Indian People’s Party (MIPP) president SP Punithan said that PKR MPs speaking out drives home the seriousness of an issue that Perikatan Nasional had consistently championed.

“This is no longer an issue that can be framed as opposition rhetoric - it is a national concern that cuts across the political divide.

“The coming together of voices from different sides further proves that the independence of the judiciary is a shared value that all Malaysians must defend,” he asserted.

He called on Malaysians to unite in order to pressure the government towards decisive action.

Earlier today, DAP’s Seputeh MP Teresa Kok suggested that Anwar hold a briefing for all government MPs, while youth NGO Mandiri and anti-death penalty group Hayat backed calls for an RCI.

The Malaysian Bar responded to the issue by organising a march - slated for July 14 - to demand judicial independence.

Last week, the Bar called for an extraordinary general meeting (EGM) to discuss judicial vacancies, as tensions rose over the end of Tengku Maimun's term, with no successor named.

Judicial vacuum

Tengku Maimun served her last day in office on July 1 and retired the next day. Court of Appeal president Abang Iskandar Abang Hashim retired shortly after, on July 3.

Various quarters called for Tengku Maimun and Abang Iskandar’s terms to be extended, expressing worries over the effects of key judicial roles remaining vacant.

However, Anwar condemned alleged attempts to lobby the government into extending Tengku Maimun’s tenure.

He said they were attempts to politicise the judiciary, insisting it should not happen with an independent institution.

Other judges facing mandatory retirement in the following months are Chief Judge of Malaya Hasnah Hashim, Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, and Federal Court judges Nallini Pathmanathan, Zabariah Yusof, and Hanipah Farikullah.

Rahman, Zabariah, and Hanipah have already had their terms extended by six months.

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