Chief justice's retirement: Malaysian Bar fears 'dangerous vacuum' in judiciary

New Straits Times

a day ago

KUALA LUMPUR: The Malaysian Bar has expressed deep concern over what it described as a "dangerous vacuum" and a "breakdown in governance" amid the lack of clarity surrounding the retirement of Chief Justice Tun Tengku Maimun Tuan Mat, which is now just a day away.
Malaysian Bar president Mohamad Ezri Abdul Wahab said the government's continued silence on whether Tengku Maimun's tenure would be extended or a successor would be named was "indefensible" and risked damaging public confidence in the judiciary.
"As of today, there has been no formal announcement of a successor or whether an extension is to be granted.
"The position of the chief justice is not symbolic — it is central to the integrity, independence and functioning of the entire judicial system.
"Leaving the post in uncertainty so close to the retirement date reflects a failure in institutional responsibility.
"A breakdown in governance risks damaging public confidence in the judiciary and opens the door to speculation and unhealthy conjecture," he said in a statement today.
Ezri said while the Malaysian Bar did not take positions on specific appointments or judicial extensions, it could not remain silent when institutional indecision threatened judicial independence.
"What we are witnessing now is not an issue of lobbying or preference; it is an issue of urgency, transparency and the proper functioning of a constitutional democracy.
"What is unfolding now is unprecedented. With less than 48 hours to go before the sitting chief justice retires, there is still no official word from the relevant authorities.
"This vacuum, at the very apex of the judiciary, is as absurd as it is dangerous," he said, adding that in the absence of clarity, the public would speculate.
The Bar also took note of remarks by Prime Minister Datuk Seri Anwar Ibrahim today warning against lobbying for judicial appointments and calling for the judiciary to be protected from politicisation.
Ezri said the Bar fully supported the principle that judicial appointments must remain free from lobbying and external influence, but warned against conflating legitimate institutional concern with political interference.
"Our call for clarity on the impending transition is made in good faith and in line with our duty to uphold institutional continuity and public confidence in the administration of justice.
"At this critical juncture, what is required is clear leadership and timely, decisive action.
"The Malaysian Bar calls on the authorities responsible to immediately announce the course of action — whether it be an extension or an appointment — in accordance with the Constitution and the Judicial Appointments Commission process.
"There is a meaningful distinction between supporting or objecting to a particular person and calling out a systemic failure that may erode confidence in the rule of law."
Ezri said judicial independence must not only be praised in speeches, but upheld through actions and decisions that inspire public trust.
Tengku Maimun, the first woman to serve as chief justice, is due to retire tomorrow upon turning 66 — the mandatory retirement age for judges under the Constitution.