Government’s response to questions of judicial interference shamefully inadequate

The Center to Combat Corruption and Cronyism (C4 Center) is gravely concerned by the government’s lacklustre response in relation to troubling developments affecting the judiciary, namely: 

• Delays in the appointment of replacements for outgoing superior court judges, in particular the positions of chief justice of the Federal Court and president of the Court of Appeal
• Candidates for these roles selected by the Judicial Appointments Commission (JAC) were allegedly not taken into consideration or were not acted upon
• The most recent JAC meeting was allegedly called without the 10-day notice period as required by the JAC Act 2009
• Allegations of impropriety against a sitting Federal Court judge

On 10 July, the Legal Affairs Division of the Prime Minister’s Department released a statement on a discussion held between the minister in the Prime Minister’s Department for law and institutional reform, Azalina Othman Said, Senator Rita Sarimah and Selayang MP William Leong.

From the discussion, it was agreed that “preliminary comparative research” would be carried out to investigate approaches to judicial appointments systems across multiple jurisdictions.

While studies are an important part of reform, they are long-term commitments which do not go far enough to address the potential crisis brewing before our eyes.

The government has been complacent to the point of negligence in ensuring a smooth transition of leadership for the judiciary.

This spectacular failure of government is made even more embarrassing by the fact that the government has always had full knowledge of the retirement dates for the Federal Court judges. 

More urgently, the government has failed to adequately address the allegations of judicial interference swirling in the public sphere – in particular, allegations that a sitting Federal Court judge had attempted to improperly influence court proceedings.

The Attorney General’s Chambers has downplayed the issue by merely stating that JAC proceedings are secret.

However, this dismissive response has only exacerbated public dissatisfaction and unrest.

Regarding the reform of the judicial appointments process, former Chief Justice Tengku Maimun Tuan Mat had previously publicly urged the exclusion of the prime minister from the selection process to reinforce impartiality in the judicial selection process, and ensure judicial appointments are free from any perception of political influence.

There was no apparent response to this by the government.

The present situation alarmingly calls back to prior controversies involving the judiciary, such as the VK Lingam scandal in 2007, as well as whistleblower and former Court of Appeal judge Hamid Sultan’s affidavit in 2019. 

The systemic problem of executive overreach, which goes beyond the present judicial issues, must be addressed urgently with the goal of protecting the very foundations of our democracy.

Hence, C4 Center echoes existing calls made by leading figures, including the Malaysian Bar Council, strongly urging the government for:

• The establishment of a royal commission of inquiry to investigate all allegations of procedural and judicial impropriety 
• The Parliamentary Special Select Committee on Human Rights, Election, and Institutional Reform to investigate with the full extent of their legal powers, including calling upon the prime minister to provide an explanation
• Current judicial vacancies to be filled in accordance with the JAC’s previous recommendations, and any further appointments to be paused until these allegations are satisfactorily resolved

– C4 Center

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

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