Latest news with #JudicialAppointmentsCommission
The Star
3 days ago
- Politics
- The Star
Chief Justice retirement: Malaysian Bar calls for immediate announcement of replacement
PETALING JAYA: With Chief Justice Tun Tengku Maimun Tuan Mat's retirement due on Tuesday (July 1), the unknown status of her successor reflects a failure in institutional responsibility, says Malaysian Bar president Mohamad Ezri Abdul Wahab. He said the position of the Chief Justice is not merely symbolic but central to the integrity, independence and functioning of the entire judicial system. As such, he said a breakdown in governance risks damaging public confidence in the judiciary, leaving it exposed to speculation and unhealthy conjecture. Referring to Prime Minister Datuk Seri Anwar Ibrahim's comments earlier on Monday (June 30) on the alleged lobbying for an extension of Tengku Maimun's tenure and the importance of safeguarding the judiciary from politicisation, he said the Malaysian Bar fully supports the principle of judicial appointments remaining free from external influences. Mohamad Ezri said the Bar had refrained from advocating for or against the appointment or extension of any individual judge as it was not its place to so. "The Malaysian Bar respects and upholds this boundary. However, we must speak up when institutional silence threatens judicial independence. 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. "What we are witnessing now is not an issue of lobbying or preference but that of urgency, transparency and the proper functioning of a constitutional democracy. It is unprecedented. "This vacuum at the very apex of the Judiciary is as absurd as it is dangerous. "As such, the Bar calls on the relevant authorities 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." he said in a statement. Tengku Maimun turns 66 on Tuesday, the mandatory retirement age for judges. However, it is not known whether her tenure will be extended or not. Earlier, Anwar said he does not interfere in judicial matters, including the appointment of judges or court decisions. He said all appointments and extensions of service, including for judges, must follow procedures as outlined in the Federal Constitution. COURTS CRIME
New Straits Times
3 days ago
- Politics
- New Straits Times
Chief justice's retirement: Malaysian Bar fears 'dangerous vacuum' in judiciary
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.
New Straits Times
25-06-2025
- Politics
- New Straits Times
Malaysian Bar seeks clarification on senior judge misconduct claim
KUALA LUMPUR: The Malaysian Bar has expressed grave concern over a media report alleging that a senior judge was questioned by the Judicial Appointments Commission (JAC) over possible interference in judicial affairs. Its president, Mohamad Ezri Abdul Wahab, said that if the report is accurate, it raises serious concerns about the integrity and independence of the judiciary, which must remain free from any form of influence or manipulation. "Allegations of judicial interference go beyond the scope of a mere disciplinary matter. They strike at the heart of public confidence in the administration of justice. "This issue is not only about propriety but also about the structural integrity and independence of our judiciary," he said in a statement today. He said the Bar would apply for the release of the minutes from the JAC meeting where the judge was allegedly questioned. "This is necessary to establish the facts, preserve institutional integrity, and ensure that any corrective action needed is taken without compromising legal principles. "Judicial independence is non-negotiable. It is a constitutional guarantee and a pillar of our democratic framework," he said, adding that if the report is inaccurate, a prompt clarification is equally important to prevent unjust harm to the judiciary's reputation. The Malaysian Bar also called on all institutions involved to handle the matter with the seriousness it warrants. "We reaffirm our commitment to the rule of law and the protection of judicial independence, without fear or favour," he said. Earlier, a group representing civil society and legal figures called for a Federal Court judge, who is at the centre of serious misconduct allegations, to recuse himself from hearing any appeals or applications until a police investigation is completed. The Sekretariat Pertahan Sistem Kehakiman said the judge should step aside in view of the claims, which cast doubt on his impartiality and risk undermining public confidence in the judiciary. The group issued its statement following the circulation of a police report alleging that the judge had tried to influence the Chief Justice to rule in favour of a particular party. It was further claimed that the judge had requested the transfer of a High Court judge who had presided over a case and disagreed with his views. The judge has also been named in a leave application to initiate committal proceedings and has been reported to the authorities for possible offences under Sections 204 and 209 of the Penal Code. The allegations are linked to the case commonly referred to as the Najib Razak Addendum Decree. The group said police must be allowed to investigate without interference from any party.
Free Malaysia Today
25-06-2025
- Politics
- Free Malaysia Today
Lawyer drops bid to suspend JAC's activities
Lawyer Syed Amir Syakib Arsalan Syed Ibrahim now intends to pose his legal question to the Federal Court. KUALA LUMPUR : Lawyer Syed Amir Syakib Arsalan Syed Ibrahim has withdrawn his application to bar the Judicial Appointments Commission (JAC) from recommending judicial appointments and filling top administrative posts in the judiciary. Justice Amarjeet Singh, who had been scheduled to hear oral submissions today, was informed by counsel Daniel Annamalai that his client had instructed him to withdraw the stay application. The judge then struck out the application with no order as to costs. Daniel told reporters later that Syed Amir had declined to proceed with the stay application as he is planning to apply for constitutional questions to be referred to the Federal Court for determination. In his main suit filed in early April, Syed Amir contended that the powers conferred on the nine-member JAC violate the doctrine of separation of powers and the basic structure of the constitution. He is seeking a mandamus order compelling the prime minister and the government to strictly adhere to the judicial appointment process prescribed under Article 122B of the constitution. Syed Amir claims that the JAC Act is inconsistent with Article 4, which states that the written constitution is the supreme law of the land. Under the JAC Act, the commission proposes the nomination of judges to the High Court, the Court of Appeal and the Federal Court. It also recommends nominees for the posts of chief justice, the Court of Appeal president, the chief judge of Malaya, and the chief judge of Sabah and Sarawak as and when they fall vacant. Syed Amir's application was made under Section 84 of the Courts of Judicature Act to persuade Amarjeet to refer the legal question posed to the apex court. Senior federal counsel Ahmad Hanir Hambaly appeared for the government and JAC, while lawyers Christopher Leong and Karen Cheah represented the Bar Council, which had filed their written submissions. Amarjeet is scheduled to hear the main suit on July 16.
Malaysiakini
25-06-2025
- Politics
- Malaysiakini
Bar wants answers over judicial interference claim, to obtain JAC minutes
The Malaysian Bar has voiced deep concern over an allegation that a judge was questioned by the Judicial Appointments Commission (JAC) regarding possible interference in judicial affairs. In a statement, Bar president Ezri Abdul Wahab said the Bar will seek the necessary orders to obtain the minutes of the JAC meeting held on May 16.
