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New Straits Times

Chief Justice appointment delay has wider repercussions, says lawyer [WATCH]

KUALA LUMPUR: The delay in appointing a new Chief Justice could have wider and unnecessary repercussions for the judiciary, senior lawyer Datuk Seri Dr Jaharbedeen Mohd Yunoos said. He said the lack of official communication on the matter had fuelled unnecessary public speculation about whether there were enough qualified candidates to lead the judiciary. "People in the know will know what's going on. But how do you overcome that kind of speculation? The prime minister must come out with an explanation," he told the New Straits Times' Beyond the Headlines. Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim was named acting Chief Justice on July 3 following the retirement of Tun Tengku Maimun Tuan Mat on July 1. Jaharbedeen questioned whether the appointment indicated a lack of suitable candidates within the current pool of Federal Court judges. "Are there not enough candidates to be appointed as the Chief Justice? Why must Tan Sri Hasnah be the acting CJ? Doesn't she already have her hands full as Chief Judge of Malaya? "If in the current pool there's no one qualified, what's the next plan? Where are the candidates going to come from?" he asked. He also noted that the country's top four judicial positions were being vacated around the same time, which added to the urgency of addressing succession planning. Jaharbedeen said it was clear that the responsibility now lay with the prime minister. "Under the current circumstances, it appears that the onus is on the PM to speak. The Judicial Appointments Commission (JAC) cannot talk. But he is the prime minister—he must speak now." While acknowledging that there may be valid reasons for the delay, Jaharbedeen said the lack of transparency was creating wider repercussions. "The prime minister may have very valid reasons why this is happening. Tell us," he said. On July 2, the Malaysian Bar said the lack of transparency and delay in appointing a successor to recently retired chief justice Tun Tengku Maimun Tuan Mat was "seriously concerning." It warned that such inaction risks eroding public confidence in the judiciary. Its president, Mohamad Ezri Abdul Wahab, described the leadership vacuum as a lapse in institutional responsibility that should have been prevented in a functioning constitutional democracy. "We cautioned against delay and silence in matters affecting judicial leadership and public confidence. Unfortunately, that concern has materialised."