Duty to uphold independence of judiciary — Hafiz Hassan
JUNE 28 — Make no mistake that Malaysia has a duty to uphold the independence of the judiciary. It is not just that—it must guarantee such independence as enshrined in its Constitution and/or the law of the country.
It is the duty of the government and other institutions to respect and observe the independence of the judiciary.
The above is the first principle of the United Nations Basic Principles on the Independence of the Judiciary adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from August 26 to September 6, 1985 and endorsed by General Assembly resolutions 40/32 of November 29,1985 and 40/146 of December 13, 1985.
This year is the 40th anniversary of the principles.
The second principle is the judiciary must decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
The third is the judiciary must have jurisdiction over all issues of a judicial nature and must have exclusive authority to decide whether an issue submitted for its decision is within its competence as defined by law.
Malaysia's duty to uphold the basic principles of independence of the judiciary does not impose on it the duty to extend the tenure of retiring judges notwithstanding their impeccable integrity. — Pexels pic
The fourth is there must not be any inappropriate or unwarranted interference with the judicial process, nor must judicial decisions by the courts be subject to revision without prejudice to judicial review or to mitigation or commutation by competent authorities of sentences imposed by the judiciary, in accordance with the law.
The fifth principle requires the judiciary to be entitled to ensure that judicial proceedings are conducted fairly and that the rights of the parties are respected.
The sixth principle imposes a duty on each Member State to provide adequate resources to enable the judiciary to properly perform its functions.
There are 20 principles in all. I do not wish to state all 20 principles, but allow me to add to the above, on qualifications and selection of judges.
Persons selected for judicial office must be individuals of integrity and ability with appropriate training or qualifications in law.
Any method of judicial selection must safeguard against judicial appointments for improper motives.
In the selection of judges, there must be no discrimination against a person on the grounds of race, colour, sex, religion, political or other opinion, national or social origin, property, birth or status, except that a requirement, that a candidate for judicial office must be a national of the country concerned, must not be considered discriminatory.
Malaysia's duty to uphold the basic principles of independence of the judiciary does not impose on it the duty to extend the tenure of retiring judges notwithstanding their impeccable integrity.
The duty is to select and appoint judges of integrity and ability with appropriate training or qualifications in law, without improper motives and discrimination.
*This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
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