BTH: Acting Chief Justice named — but who's the successor? [WATCH]
On July 1, Tengku Maimun officially stepped down after reaching the constitutional retirement age of 66, leaving a leadership gap at the top of the country's judicial system.
In an unprecedented move, the post of Chief Justice stood vacant—albeit temporarily—raising concerns within legal circles and civil society over the apparent lack of clarity and urgency in the succession process.
The Malaysian Bar has described the situation as a "dangerous vacuum", warning that prolonged uncertainty could undermine public confidence in the administration of justice.
Amid growing speculation, the Judiciary announced early Thursday that Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim had been appointed acting Chief Justice.
In a statement, the Chief Registrar's Office said Hasnah, in her capacity as Chief Judge of Malaya, would exercise the powers and perform the duties of the Chief Justice until the position is formally filled.
Joining hosts Amalina Kamal and Hazween Hassan in the discussion are constitutional law expert Emeritus Professor Datuk Dr Shad Saleem Faruqi and senior lawyer Datuk Seri Dr Jaharbedeen Mohd Yunoos.
Watch the full episode on NST's YouTube channel, @NSTOnline.
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Free Malaysia Today
12 hours ago
- Free Malaysia Today
Acting CJ Hasnah summons urgent 3pm JAC meeting, say sources
Hasnah Hashim, by virtue of her appointment as acting chief justice, is the current Judicial Appointments Commission chairman. PETALING JAYA : Acting Chief Justice Hasnah Hashim has summoned an urgent meeting of the Judicial Appointments Commission (JAC), the body that proposes judges for appointment and elevation, according to sources. The sources said the meeting is scheduled for 3pm today, although Section 13(2) of the JAC Act 2009 stipulated that 10 days' written notice be given to commission members. Hasnah, who took office yesterday, is the commission's chairman by virtue of her position as the nation's top judge. 'The purpose for meeting on an urgent basis is unclear,' one source told FMT. Sections 13(4) and (5) state that the quorum for the meeting is seven, but in the event of the disqualification of members, the quorum shall be reduced to a minimum of five members. Currently, only seven members remain on the JAC following the mandatory retirement of former chief justice Tengku Maimun Tuan Mat, and Court of Appeal President Abang Iskandar Abang Hashim earlier this week. Hasnah, in her capacity as chief judge of Malaya, and Abdul Rahman Sebli as chief judge of Sabah and Sarawak, are JAC members by virtue of their positions in the judiciary. Former attorney-general Idrus Harun, retired Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid and UiTM legal adviser Hartini Saripan were appointed last year as eminent persons by Prime Minister Anwar Ibrahim. Federal Court judge Zabariah Yusof was appointed to the JAC in March by the prime minister. The JAC is tasked with selecting suitable candidates to sit as judges in the superior courts – the Federal Court, the Court of Appeal, and the High Courts. Sources said a list of candidates for the posts of chief justice, Court of Appeal president, chief judge of Malaya, and chief judge of Sabah and Sarawak have previously been submitted to the Prime Minister's Office during the tenure of Tengku Maimun. Article 122B(1) of the Federal Constitution provides that the appointments are made by the Yang di-Pertuan Agong, acting on the advice of the prime minister, and after consulting the Conference of Rulers. The next conference is scheduled in two weeks.
The Sun
13 hours ago
- The Sun
Tengku Maimun's unmatched contribution
CONGRATULATIONS are in order for our eminent Chief Justice Tun Tengku Maimun Che Mat as she concludes her mandated term with unwavering dedication, dignified decorum and distinguished service. Appointed in May 2019, Tengku Maimun served as Malaysia's chief justice for six years and two months, leaving behind a legacy of integrity and judicial excellence. Her tenure was especially notable as she had the rare distinction of serving under four different prime ministers – an experience unmatched by any of her predecessors. Even more remarkable was her pivotal role in upholding the prison sentence and RM210 million fine imposed on a former prime minister – an extraordinary responsibility that few could imagine shouldering. Tengku Maimun's tenure was exceptional, defined by immense pressure and complexity. Yet, by all accounts, she rose to the challenge with unwavering strength, integrity and competence. She adumbrated and decided cases with fairness, finesse and forthrightness. Alongside her Federal Court colleagues, she played a key role in elevating the judiciary's standing – upholding the principles of integrity, impartiality, transparency and public trust. Most significantly, under her leadership, the judiciary was able to regain and revitalise its role as the ultimate guardian of fundamental principles – inalienable rights, equality, private property and justice. As she relinquished her office, she did so having earned the deep respect and trust of the Malaysian people. Tengku Maimun will long be remembered for her stellar contributions to the nation and her steadfast commitment to upholding the rule of law. Under her leadership, the judiciary regained the stature, significance and symbolic authority entrusted to it by our Constitution. If Parliament and the executive – supported by a responsible and constructive fourth estate – can adopt a more positive and less divisive approach, delivering effective, impartial and principled governance that the nation urgently needs, then Malaysia can look forward to greater peace, unity, prosperity and stability. Let us remain hopeful, even in the face of the complex and often perilous realities of politics. Datuk M. Santhananaban
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New Straits Times
18 hours ago
- New Straits Times
Delay in Chief Justice appointment not a constitutional crisis, says expert [WATCH]
KUALA LUMPUR: The delay in appointing a new Chief Justice does not amount to a constitutional or institutional crisis, says constitutional expert Emeritus Professor Datuk Dr Shad Saleem Faruqi. While acknowledging the leadership gap at the Federal Court following Tun Tengku Maimun Tuan Mat's retirement, Shad said the judiciary remains functional and orderly. "I do not quite agree with my brother lawyers and academicians who say that we are rudderless and leaderless. I think that's an overstatement," he told the New Straits Times' Beyond the Headlines. He added that both the High Court and Court of Appeal can continue functioning, and a stopgap measure could be introduced to minimise disruption. "What can be done—which will be an incomplete solution—is that the Chief Judge of the High Court of Malaya could be appointed in an interim capacity as the President of the Court of Appeal," he said. Shad, who was interviewed via video call, spoke ahead of the appointment of an acting Chief Justice, who was named by the Judiciary on July 3. Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is now acting Chief Justice, performing the duties of the office until a permanent appointment is made. "With that, the Court of Appeal can function, and the High Court, of course, functions. It's the Federal Court that cannot operate today or tomorrow—but hopefully, God willing, in the next few days, there could be an appointment to the Federal Court." Under the Federal Constitution, the Court of Appeal president would usually act as Chief Justice in the event of a vacancy. However, that role is currently complicated by the retirement of its previous holder, Tan Sri Abang Iskandar Abang Hashim. His last day of service was on July 2, before the acting Chief Justice was named. Shad, a former member of the Judicial Appointments Commission (JAC), also dismissed the idea that the delay reflects a failure on the JAC's part. "I don't think it's an oversight. The retirement is not an overnight decision—we knew it was coming," he said. He also said he was sad that neither Tengku Maimun nor Abang Iskandar were granted short-term tenure extensions, saying both were highly regarded for their integrity and leadership. "I feel extremely sad that a judge as exceptional as Tengku Maimun has been given some sort of message that she's not suitable for leading the judiciary for another six months," he said. "Abang Iskandar is also highly respected for his integrity, and he too has not been extended." Shad said while the situation was not ideal, it should be seen as an opportunity to examine how such transitions can be managed more effectively in future. "This is the first time in recent memory we're facing such a situation. Like many things, we learn from it. We look at the current variables, and we move forward."
