Reform of national judiciary system, including appointments, needed, says Legal Affairs Division of PM's Dept

The Star

3 days ago

PETALING JAYA: Reform of national judiciary system vital to ensure the integrity of the judiciary as the backbone of the rule of law, says the Prime Minister's Department legal affairs division (BHEUU).
In a statement issued by BHEUU Thursday (July 10), the agency said that this was the outcome of an initial discussion held between Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said and the chairperson of the Special Select Committee on Legal Revisions Senator Rita Sarimah Patrick Insol.
The discussion was also attended by chairperson of the Special Select Committee on Human Rights, Elections, and Institutional Reform Selayang MP William Leong Jee Keen.
'The discussion was held in response to public concerns regarding the need for reform of the national judicial system to ensure the integrity of the judiciary as the backbone of the rule of law.
'During the session, both chairpersons of the Special Select Committees also expressed their concerns regarding recent developments in judicial appointments and emphasised the importance of more in-depth scrutiny to ensure that the process is more transparent and trustworthy.
'Among the points agreed upon in the discussion was the implementation of preliminary comparative research on judicial appointment systems in selected countries — namely the United Kingdom, India, Australia, and Singapore.
'This early comparative study aims to provide a holistic understanding of judicial appointment processes in countries with similar systems, enabling Malaysia to assess the need for reform based on evidence and to adapt best practices accordingly.
'This study also aims to evaluate effective models of judicial appointments, identify best practices, and recommend appropriate reforms within the context of Malaysia as a constitutional monarchy and in line with the Federal Constitution.
'The government, through BHEUU, also welcomes public views and feedback on this matter.
'This inclusive approach is important to ensure that every perspective is taken into account before the findings of the study are presented for the consideration of the Cabinet,' said BHEUU in the statement.
In the past few days, there has been much discussion on the state of the judiciary following no judicial appointment upon the mandatory retirement of Chief Judge of Malaya Tun Tengku Maimun Tuan Mat on July 2.
On July 3, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim had assumed the role of Chief Justice temporarily.
In a statement, the Chief Registrar's Office said that Justice Hasnah assumed the powers and duties of the Chief Justice in accordance with Article 131A of the Federal Constitution as well as the provisions under Section 9(1)(b) and Section 9(3) of the Courts of Judicature Act.
Article 131A of the Federal Constitution states that if the office of the Chief Justice is vacant, or if the Chief Justice is unable to perform the functions of the office, the next most senior Federal Court judge shall assume those responsibilities until a new appointment is made, or the Chief Justice resumes duty.
Justice Hasnah was elevated to the Federal Court in Dec 2019.
She was appointed as the 14th Chief Judge of Malaya on Nov 12 last year, making her the third woman to hold the position after Tan Sri Siti Norma Yaakob and Tan Sri Zaharah Ibrahim.
Earlier Thursday (July 10), Istana Negara, in a statement, reminded all parties that the appointment of superior court judges must be handled with integrity and in strict adherence to the Federal Constitution to prevent any form of politicisation.
The Palace emphasised that judicial appointments are a matter of national importance and must be managed carefully, reflecting the principle of checks and balances.