Mechanisms to probe judges exist under constitution, says Azalina
Published on: Tue, Jul 15, 2025
By: FMT Reporters Text Size: Law and institutional reform minister Azalina Othman Said said judicial independence is vital to maintaining public confidence in the justice system. (Facebook pic) PETALING JAYA: The government today reminded all parties that the Federal Constitution outlines clear mechanisms for dealing with judicial misconduct amid concerns over judicial interference and integrity. Law and institutional reform minister Azalina Othman Said said Articles 125(3) and (4) empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct against judges, on the advice of the prime minister after consultation with the chief justice.
Advertisement She said additional safeguards are provided under Article 125(3A), which allows the chief justice to refer breaches of ethics to the Judicial Ethics Committee, and Article 125(3B), which supports a written code of conduct, currently the Judges' Code of Ethics 2009. 'This framework ensures that the judiciary remains free from political or external influence, thereby upholding the supremacy of the constitution and the rule of law,' Azalina said in a statement today. 'The executive and legislature have no power to interfere in issues of judicial ethics. This is essential to maintain public trust in the justice system.' Azalina said the government acknowledged the concerns raised by the Malaysian Bar during yesterday's judicial independence march and pledged to address them transparently and in accordance with the law. She said the Bar would be invited to contribute to an ongoing comparative study on judicial appointments, led by the Legal Affairs Division of the Prime Minister's Department, together with select committees from the Dewan Rakyat and Dewan Negara. 'Furthermore, the concerns raised by the Malaysian Bar must be examined in accordance with the Federal Constitution, the Judicial Appointments Commission (JAC) Act 2009, and all other applicable laws,' she said. A document allegedly containing excerpts from a JAC meeting held in May went viral on social media last weekend, raising concerns from various parties. The extract of the purported minutes said that the former chief justice had raised concerns about the integrity of a candidate for an administrative post in the judiciary. Claims were made that the judge in question had once attempted to influence the outcome of a case in favour of a specific party, and had sought the transfer of a fellow judge for holding a differing view. Police are investigating the alleged leak of the JAC meeting minutes under the Official Secrets Act and two other laws. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Straits Times
2 hours ago
- New Straits Times
Saifuddin: Respect constitution in CJ's appointment
PUTRAJAYA: All parties should respect the constitutional process in the appointment of the new chief justice and refrain from making premature accusations or assumptions, said Home Minister Datuk Seri Saifuddin Nasution Ismail. Saifuddin said the Federal Constitution clearly outlines the procedure under Article 122B, whereby the Yang di-Pertuan Agong appoints the Chief Justice on the advice of the prime minister, after consulting the Conference of Rulers. "In this context, the public's attention is now on the vacancy of the Chief Justice. "The process is clearly spelled out in the Constitution, so there is no need to prejudge or make baseless accusations, particularly those alleging executive interference," he said at a press conference after attending the Home Ministry's monthly assembly here today. Saifuddin said respect for the process is essential, and all parties must refrain from politicising or speculating on ongoing constitutional matters. "If there are allegations of leaks or other claims, let the police investigate. A statement has already been issued confirming that investigations will proceed." He also dismissed claims of executive interference in judicial matters, noting that Article 125 of the Constitution provides a clear mechanism for addressing issues involving judges, including ethical breaches. "If the Constitution is upheld and everyone understands their role, there is no need to involve the executive or blame the government. The monarchy is already carrying out its functions in accordance with the Constitution." Saifuddin warned against attempts to stir public sentiment or create false narratives, saying such efforts only provoke unnecessary reactions. "The prime minister, ministers, and the judiciary are all bound by the same constitutional framework. Let the process take its course." Earlier, it was reported that Prime Minister Datuk Seri Anwar Ibrahim confirmed the Conference of Rulers is expected to decide and announce the appointment of the new Chief Justice today. He also confirmed having met with the Conference of Rulers on Tuesday morning. "I had a lengthy discussion with the Conference of Rulers, and it is best to let them decide. "God willing, there will be a clear announcement tomorrow (today) that will dispel all negative perceptions," he said during his keynote address at Malaysia's International Conference on Governance and Integrity 2025 yesterday. The prime minister also acknowledged public concern over the delay in appointing the Chief Justice and the negative perceptions surrounding the matter.
The Star
3 hours ago
- The Star
Seven arrest warrants issued in global swoop on suspected Russia-linked hackers
FILE PHOTO: Silhouette of mobile device user is seen next to a screen projection of binary code are seen in this picture illustration taken March 28, 2018. REUTERS/Dado Ruvic/Illustration/File Photo ROME/BERLIN (Reuters) -Germany and Spain issued arrest warrants for seven suspected members of a pro-Russian hacking group accused of carrying out cyber attacks against critical infrastructure, arms makers, power companies and public authorities. The warrants resulted from an international operation involving law enforcement and judicial authorities including the U.S., France, Sweden, Italy, the Netherlands and Switzerland, German prosecutors and pan-European police agency Europol said in separate statements on Wednesday. German prosecutors said they had helped to coordinate the swoop on Tuesday in multiple countries in which 24 premises linked to the hacking group - which calls itself NoName057(16) - were searched, including one in Berlin and two in Bavaria in southeastern Germany. Germany issued six arrest warrants, five of them public, and Spain issued another. The NoName group had used the Telegram messaging app to enlist over 4,000 volunteers who made their systems available for swamping critical institutions' servers with so-called distributed denial of service attacks, the German prosecutors said. The premises searched included those linked to volunteers in the Telegram group, they said. In the past years the NoName collective, known for promoting Russian interests, has allegedly carried out successful cyberattacks in Ukraine and on government, infrastructure, banking, health services and telecom websites in European countries that have backed it against Russia. European authorities are increasingly concerned at the scale of the hybrid threats they say emanate from Russia, which is in the third year of its invasion of Western ally Ukraine. Those threats, which have included killings and alleged bomb plots against institutions and cargo aircraft, have largely been attributed to state actors. Russia has denied the accusation. In this case, prosecutors did not specifically link the suspects to the state. MEDIA ATTENTION "The aim of the attacks on German targets was to garner media attention and thereby influence political and social decision-making in Germany," prosecutors said in the statement. The prosecutors and Europol published names and pictures of five of the people they were seeking, all of them Russian citizens and presumed to be residing in Russia. A further German arrest warrant remains sealed. Prosecutors identified one of the Russian citizens as one of two leading figures in the group it was seeking. Europol said volunteers were recruited through Russian channels, chat groups, social media and messaging apps and that they often invited contacts from gaming and hacking forums. Italian authorities added in a separate statement that sympathisers were given lists of Western targets to hit and provided with the software needed to participate. They added that the organisation - which paid with cryptocurrencies - had a "central line of command and control in the Russian Federation". The group also ran its own botnet - a network of private computers infected with malware and controlled by hackers - of several hundred servers to amplify the impact, they said. Authorities in the Czech Republic, Finland, Lithuania and Poland contributed to the investigation, said Europol, which helped to coordinate it. (Reporting by Thomas Escritt in Berlin and Giulia Segreti in Rome; Editing by Miranda Murray and Emelia Sithole-Matarise)
The Star
7 hours ago
- The Star
Chief Judge Hasnah is acting Chief Justice
KUALA LUMPUR: Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim (pic) will assume the powers and responsibilities of the Chief Justice, including functions under the Constitution, until the post is filled. In a statement, the Office of the Chief Registrar said the decision was made under Article 131A of the Federal Constitution and the provisions of Sections 9(1)(b) and 9(3) of the Courts of Judicature Act 1964 (Act 91). 'The Malaysian judiciary remains steadfast in its role as the guardian of justice and will continue to serve the people and the nation with unwavering dedication,' read the statement, Bernama reported. Hasnah, who reached the mandatory retirement age of 66 on May 15, has had her tenure extended by six months until Nov 14. The post of Chief Justice became vacant following the mandatory retirement of Tun Tengku Maimun Tuan Mat on Wednesday. She was the first woman to hold the nation's highest judicial office. Tengku Maimun was appointed Chief Justice on May 2, 2019, succeeding Tan Sri Richard Malanjum.
