Judicial scandal has tarnished Anwar's image, analyst says

Summary

• Political analyst Syaza Shukri says the judicial interference allegations contradict Anwar Ibrahim’s promise to uphold the separation of powers, warning that failure to resolve the issue swiftly could erode support for him.

• Lawyer Nizam Bashir stresses need for structural changes to protect judicial independence, proposing public disclosure of JAC recommendations and clearer limits on executive influence.

The recent leak of an alleged Judicial Appointments Commission (JAC) meeting’s minutes has tarnished Prime Minister Anwar Ibrahim’s reformist image, a political observer said.

International Islamic University Malaysia (IIUM) political science associate professor Syaza Shukri told Malaysiakini that the latest development in the judicial scandal contradicts Anwar’s promises to maintain the separation of powers.

“But we see here Anwar - through his people - may be doing his bidding, which is the same thing.

“The only way to move past this is to solve the vacancies as quickly as possible and to respect the decision of the JAC.

“But now the JAC does not have enough members, and with the tie-breaking vote, it might be in favour of (the implicated judge), which would still look bad for Anwar. So I don’t know what’s the best decision for now, to be honest. But they need to solve it quickly,” she said.

The document, which was leaked on social media, purportedly contains allegations echoing those in a leaked police report lodged in June on behalf of a senior judge.

The police report was made after Malaysiakini contacted the judge on June 12, seeking comment on allegations that the judge was accused of judicial interference during a JAC meeting in May.

The allegations against the senior judge, as well as concerns about alleged interference in the appointment of judges after Tengku Maimun Tuan Mat retired as chief justice, have sparked outrage.

On the other hand, members of the opposition called for Anwar to take a temporary leave of absence as the prime minister.

‘People don’t really care’

Syaza expressed doubts over the need for Anwar to step down over this issue.

“I don’t think Anwar needs to step down because most people honestly don’t really care too much about this issue.

“This is something that people in the know are concerned with, but not the masses. People care more about bread and butter issues,” she said.

Those most critical of him are his supporters, she opined, adding that he would need to fix the issue to continue receiving their support.

Should he decide to court his non-supporters instead, she said it would be a form of “political suicide”.

Anwar earlier denied allegations that he is interfering in judicial rulings.

After the leak, Transport Minister Anthony Loke revealed that the premier will be meeting with Pakatan Harapan MPs later today.

Introduce reforms

Lawyer Nizam Bashir told Malaysiakini that the government should introduce reforms to ensure judicial independence, should it wish to restore public confidence.

“This could include introducing public reporting of JAC recommendations and reasons for deviation, if any, and strengthening the composition and tenure security of JAC members to reduce perceived executive influence,” he said.

He said that court cases over political persons and matters highlight the importance of judicial independence to prevent perceptions that the executive has a need to interfere in the appointment process.

On Saturday (July 12), lawyers called for the government to amend the JAC Act and the Federal Constitution to prevent the executive branch of government from eroding judicial independence.

Last year, Universiti Malaya constitutional law professor Shad Saleem Faruqi called for the prime minister’s broad powers in appointing judges to be curtailed.

He said the chief justice should be the one to advise the Yang di-Pertuan Agong on judicial appointments instead of the prime minister.

Later today, the Malaysian Bar will be marching for judicial independence in Putrajaya.

The Bar intends to hand over a memorandum to the Prime Minister’s Office demanding that the government take the following actions: fill top judicial vacancies, release minutes of a recent JAC meeting, form a royal commission of inquiry to probe alleged judicial interference, and address overall judicial vacancies.

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