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Malay Mail
4 hours ago
- Politics
- Malay Mail
Lawyer drops Judicial Appointments Commission court challenge after Azalina signals reform
KUALA LUMPUR, July 22 — Lawyer Datuk Syed Amir Syakib Arsalan Syed Ibrahim today dropped his court case which sought to challenge the Judicial Appointments Commission (JAC), just months after filing it. In a press statement today, Syed Amir Syakib Arsalan said he was withdrawing the case, as the government recently said it was willing to look into reforms on how judges are appointed in Malaysia. 'This decision follows recent public statements by the Honourable Minister of Law and Institutional Reform, YB Datuk Seri Azalina Othman Said, who has acknowledged that the Judicial Appointments Commission Act 2009 ('JAC Act') is open to improvement and that the government is willing to engage with all stakeholders in efforts to reform and strengthen the legislative framework governing judicial appointments. 'Given the government's clear position and willingness to address the concerns raised, I am of the view that the constitutional challenge is no longer necessary at this juncture,' he said in his statement. 'With the recent appointments of the Chief Justice and President of the Court of Appeal having been completed in accordance with Article 122B of the Constitution, I am also satisfied that there is no immediate prejudice or uncertainty affecting the leadership of the judiciary,' he also said later in the same statement. Syed Amir Syakib Arsalan had on April 8 filed his lawsuit against the Malaysian government and the JAC. In his lawsuit, he had wanted the courts to invalidate both the JAC and the JAC Act 2009. He had also wanted a court order for the prime minister to follow the constitutional process for the appointment of judges without what he described as 'interference' by the JAC. Previously, he had also applied to bring 16 questions on constitutional law to the Federal Court. Both the main court challenge and the lawyer's bid to refer the 16 constitutional questions to the Federal Court have not been heard yet, and both have now been dropped. Last Wednesday, the High Court reportedly scheduled September 11 to hear the Malaysian Bar's application to get the JAC's meeting minutes from January 2023 until now, before it hears the application to refer the constitutional questions. In announcing his dropping of the entire court challenge today, Syed Amir Syakib Arsalan said he had filed the lawsuit 'in good faith' to test whether the JAC Act is valid constitutionally, to raise awareness of its alleged structural shortcomings, and to encourage public discussion on the need for institutional safeguards that are consistent with the Constitution. He urged the Malaysian government to study the questions he had raised about the process to appoint judges in Malaysia, as well as whether the Federal Constitution needs to be amended to align the JAC framework with the country's constitutional structure and values. When contacted by Malay Mail, Syed Amir Syakib Arsalan's lawyer Daniel Annamalai confirmed that his client had today filed in court for the case to be discontinued and withdrawn.
Focus Malaysia
3 days ago
- Politics
- Focus Malaysia
PAS rallies against Anwar amid reform stalemate
POLITICAL analyst Roslan Shahir criticised calls for Malaysians to help Prime Minister (PM) Datuk Seri Anwar Ibrahim, describing it as a desperate move showing growing public rejection of his leadership. Roslan referred to Prof Wong Chin Huat's article in Sinar Harian in which he urges support for Anwar. PAS is seizing on the judicial crisis fiasco to rally its supporters and the wider public ahead of the planned mass protest on July 26 at Dataran Merdeka. The party hopes that a large turnout will drive home their message: that Anwar's leadership is losing public support. On the other hand, backing the PAS move, Roslan said Anwar has failed to fulfil election promises and his reform agenda was merely to gain power, as issues like corruption, cronyism, and rising living costs remain unresolved. Roslan stated that people have lost faith in Anwar and pledged support for the upcoming protest, declaring it the true voice of the people demanding leadership change. He made these remarks in response to Prof Wong Chin Huat's warning that if Anwar fails to implement governance reforms, such as ensuring judicial independence, he risks losing public support to Perikatan Nasional, which is portraying itself as a cleaner and more credible alternative. In this article, Prof Wong Chin Huat uses an old Cold War joke to illustrate that truths are often hidden as state secrets. He discusses the recent controversy over leaked minutes from the Judicial Appointments Commission (JAC) meeting, which allegedly showed a judge with misconduct issues still being proposed as Chief Judge of Malaya. Prof Wong argued that if investigations are for spreading false information, it would prove the judiciary is clean. But if they focus on leaking state secrets, it implies the allegation is true. He stressed that Anwar and his government should use this crisis to strengthen judicial independence rather than punish whistleblowers. Wong suggested tightening the JAC Act so judge appointments are truly determined by the JAC, not by the PM. He frames the PM's role as similar to a 'postman' conveying recommendations to the King, which would not diminish his dignity but instead uphold judicial freedom under Anwar's Madani government. He further highlighted that Anwar's daughter, Nurul Izzah's presence at the Bar Council's 'March for Justice' signals that Anwar might be ready to reinforce judicial integrity. Prof Wong ends by urging Anwar's loyalists to listen to reform voices within his coalition, like Datuk Seri Rafizi Ramli, instead of attacking them, concluding: 'If you love Anwar, then help him raise the flag of reform high and proud. Reform does not necessarily need Anwar, but Anwar certainly needs reform.' — July 19, 2025
New Straits Times
4 days ago
- Politics
- New Straits Times
Fahmi: PM clarifies judicial appointments, urges party unity
SHAH ALAM: Prime Minister Datuk Seri Anwar Ibrahim has called on all parties, including those within PKR who may no longer share the same views, to "move on" after issues concerning judicial appointments were addressed. Communications Minister Fahmi Fadzil said this following a closed-door meeting between Anwar and PKR members and leaders today. When asked about the essence of the prime minister's message, Fahmi said several matters were clarified, including those related to judicial appointments, which he said had been resolved, with earlier allegations proven baseless. "On the appointment of the Chief Justice, the prime minister said that all the slander and accusations that had been circulating have now been answered. The appointment process followed what is stated in the Federal Constitution. "The names submitted were those recommended by the Judicial Appointments Commission (JAC). There were no names outside of this list, and the process was in full compliance with the JAC Act and Article 122B of the Constitution," he said. Fahmi also dismissed allegations of interference in judicial appointments, adding that Anwar had welcomed criticisms raised by non-governmental organisations (NGOs). "In fact, most responses, including that from the Bar Council, were positive and served as a reminder that this is not just about appointments but about strengthening the reform process and institutional integrity," he said. Meanwhile, PKR vice-president Datuk Seri R. Ramanan said all parties should embrace the prime minister's advice and suggestions, especially on reconciliation. "We must be at peace, act with integrity and remain united because this party is our family, our home, and we must protect it, especially now that the internal elections are over," he said. In a related development, PKR Youth deputy chief and Kota Damansara assemblyman Muhammad Izuan Ahmad Kasim said the prime minister also addressed several matters during the meeting, including the controversy surrounding the Chief Justice's appointment, which he said had been blown out of proportion. "The prime minister reminded members and voters not to be swayed by the opposition's narrative. "The issues being raised stem from individuals with poor track records in the judiciary. He (Anwar) made it clear to members not to be influenced, because when the truth comes out, there's really nothing there," he said.
New Straits Times
4 days ago
- Politics
- New Straits Times
Judicial independence must continue under Wan Ahmad Farid, say PKR MPs
KUALA LUMPUR: Nine PKR members of parliament have expressed hope that the judiciary, under newly appointed Chief Justice Datuk Wan Ahmad Farid Wan Salleh, will continue efforts to strengthen judicial independence. In a statement, they outlined five key issues that the judiciary must address following the appointment of its new leadership. This includes finalising the appointments of judges to fill 31 vacancies as soon as possible to prevent disruptions to the administration of justice, and ensuring that judicial appointments are truly based on merit and seniority, in fairness to long-serving judges who have upheld the integrity and reputation of the judiciary. "(They must also) ensure that judicial appointments follow the proper process under the Federal Constitution and the Judicial Appointments Commission Act (JAC), so that appointments are made based on merit and seniority; "(This also includes) ensuring that there is no interference in the selection, control, or influence of judicial appointments that contradict the principles of judicial independence, the Federal Constitution, the JAC Act, or procedural rules that must be followed to ensure that the process is merit-based and fair to judges. "(They must also) resolve the issues raised in previous JAC meetings, including follow-up actions to investigate allegations of attempts to influence judicial decisions made against a Federal Court judge," they said. The nine MPs are Pandan MP Datuk Seri Rafizi Ramli, Setiawangsa MP Nik Nazmi Nik Ahmad, Puchong MP Wong Chen, Ampang MP Rodziah Ismail, Wangsa Maju MP Zahir Hassan, Balik Pulau MP Datuk Bakhtiar Wan Chik, Ledang MP Syed Ibrahim Syed Noh, Sungai Siput MP S Kesavan and Batu Pahat MP Onn Abu Bakar. They had also previously called for a royal commission of inquiry (RCI) to investigate what they claimed were alleged irregularities in the appointment of senior judges, including the Chief Justice. They had also expressed intentions to formally request that proceedings and an inquiry be conducted by the Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform, including top government officials to testify. They said the announcement that Wan Ahmad Farid has been appointed as the new Chief Justice has somewhat eased public concerns about issues related to judicial independence. Together with the appointment of Datuk Abu Bakar Jais as President of the Court of Appeal and Datuk Azizah Nawawi as the Chief Judge of Sabah and Sarawak, they said, it completes the current leadership of the judiciary. "The initial reaction to Wan Ahmad Farid's appointment has been mixed, given his background as a former Umno leader and his perception as being junior compared to some other judges. "We hope that, as the new Chief Justice, Wan Ahmad Farid will accept these diverse views openly. "These should serve as a guide and motivation to prove that his leadership will better uphold the independence of the judiciary, surpassing the outstanding record of Tun Tengku Maimun Tuan Mat, who previously held the position," they said. They added that the recent turmoil over judicial leadership appointments highlights the need for reforms to further strengthen the judicial appointment process to prevent such issues from recurring. Meanwhile, they also expressed hope that the government under the leadership of Prime Minister Datuk Seri Anwar Ibrahim would not consider the matter fully resolved as long as improvements to the judicial appointment process are not presented to the public and implemented. They outlined several proposals for the government to take into account. This includes the proposal to improve the Prime Minister's power to reject nominations from the JAC, ensuring this power is limited and that the Prime Minister provides official reasons (either to the JAC or Parliament) for rejecting a candidate already screened by the JAC. This also includes a proposal to automatically appoint representatives from the legal bodies of Peninsular Malaysia, Sabah, and Sarawak to the JAC, thus reducing the Prime Minister's power to appoint the majority of JAC members as is currently the case. "(This includes) a proposal for Parliament to be involved in confirming JAC nominations before they are brought to the Prime Minister, either in the form of confirmation hearings as in other countries, or through a parliamentary vote, with a voting mechanism to be determined later. They said they would continue to monitor these matters.
Herald Malaysia
4 days ago
- Politics
- Herald Malaysia
MCCBCHST seeks clarity on judges' tenure
MCCBCHST has called on Prime Minister Datuk Seri Anwar Ibrahim to clarify whether he referred the names of three top judges for tenure extensions to the Yang Di-Pertuan Agong, as required under Article 125 of the Federal Constitution. Jul 18, 2025 Prime Minister Datuk Seri Anwar Ibrahim (Photo: Facebook) KUALA LUMPUR: The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) has called on Prime Minister Datuk Seri Anwar Ibrahim to clarify whether he referred the names of three top judges for tenure extensions to the Yang Di-Pertuan Agong, as required under Article 125 of the Federal Constitution. In statement dated July 4, the interfaith council referred to the Prime Minister's recent remarks that procedures must be followed for extending judicial tenures, emphasising that such extensions are not automatic and involve the commission, the Prime Minister, and the King. However, MCCBCHST highlighted that while Article 125 allows for up to a six-month extension beyond the age of 65, the process must be initiated by the Prime Minister and approved by the King — not the Judicial Appointments Commission (JAC), which only handles judicial appointments. The council questioned whether the Prime Minister submitted the names of outgoing Chief Justice Tengku Maimun Tuan Mat, Court of Appeal President Abang Iskandar Abang Hashim, and Federal Court Judge Nallini Pathmanathan for extension. If he did not, they asked why, and what the King's decision was on the matter. MCCBCHST stressed that 'merely outlining the procedure is insufficient' and called for transparency in the actual decisions made, especially given the routine practice of granting brief extensions to allow judges to complete pending judgments. On a separate but related issue, the council expressed strong support for the establishment of a tribunal to investigate allegations of misconduct by a senior judge. According to media reports, the judge was summoned by the JAC in May 2025 to respond to accusations of interference in judicial appointments dating back to 2024. A subsequent police report was filed by a subordinate, who also raised concerns about the alleged leak of sensitive information related to the proceedings. MCCBCHST said the allegations, if true, represent serious judicial misconduct and potentially criminal behaviour under both the Judicial Appointments Commission Act and the Penal Code. Section 34 of the JAC Act provides for penalties of up to RM100,000 in fines or two years' imprisonment for individuals who improperly influence the commission. The council backed calls by the 'Defend Judiciary' Secretariat to establish a formal tribunal under Article 125(3) and (4) of the Federal Constitution. Given that Chief Justice Tengku Maimun's tenure ended on July 1, MCCBCHST said the responsibility now lies with the Prime Minister to advise the King on the formation of the tribunal. 'We urge the Prime Minister to act urgently. He has repeatedly pledged to protect judicial independence and refrain from interference,' the council said in a statement. 'This is the moment to uphold those commitments.' MCCBCHST also reiterated its hope that public clarification from the Prime Minister will dispel rumours and speculation surrounding the nonextension of the judges' tenure and demonstrate a clear commitment to judicial transparency and accountability.
