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Reform of national judiciary system, including appointments, needed, says Legal Affairs Division of PM's Dept
Reform of national judiciary system, including appointments, needed, says Legal Affairs Division of PM's Dept

The Star

time6 days ago

  • Politics
  • The Star

Reform of national judiciary system, including appointments, needed, says Legal Affairs Division of PM's Dept

PETALING JAYA: Reform of national judiciary system vital to ensure the integrity of the judiciary as the backbone of the rule of law, says the Prime Minister's Department legal affairs division (BHEUU). In a statement issued by BHEUU Thursday (July 10), the agency said that this was the outcome of an initial discussion held between Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said and the chairperson of the Special Select Committee on Legal Revisions Senator Rita Sarimah Patrick Insol. The discussion was also attended by chairperson of the Special Select Committee on Human Rights, Elections, and Institutional Reform Selayang MP William Leong Jee Keen. 'The discussion was held in response to public concerns regarding the need for reform of the national judicial system to ensure the integrity of the judiciary as the backbone of the rule of law. 'During the session, both chairpersons of the Special Select Committees also expressed their concerns regarding recent developments in judicial appointments and emphasised the importance of more in-depth scrutiny to ensure that the process is more transparent and trustworthy. 'Among the points agreed upon in the discussion was the implementation of preliminary comparative research on judicial appointment systems in selected countries — namely the United Kingdom, India, Australia, and Singapore. 'This early comparative study aims to provide a holistic understanding of judicial appointment processes in countries with similar systems, enabling Malaysia to assess the need for reform based on evidence and to adapt best practices accordingly. 'This study also aims to evaluate effective models of judicial appointments, identify best practices, and recommend appropriate reforms within the context of Malaysia as a constitutional monarchy and in line with the Federal Constitution. 'The government, through BHEUU, also welcomes public views and feedback on this matter. 'This inclusive approach is important to ensure that every perspective is taken into account before the findings of the study are presented for the consideration of the Cabinet,' said BHEUU in the statement. In the past few days, there has been much discussion on the state of the judiciary following no judicial appointment upon the mandatory retirement of Chief Judge of Malaya Tun Tengku Maimun Tuan Mat on July 2. On July 3, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim had assumed the role of Chief Justice temporarily. In a statement, the Chief Registrar's Office said that Justice Hasnah assumed the powers and duties of the Chief Justice in accordance with Article 131A of the Federal Constitution as well as the provisions under Section 9(1)(b) and Section 9(3) of the Courts of Judicature Act. Article 131A of the Federal Constitution states that if the office of the Chief Justice is vacant, or if the Chief Justice is unable to perform the functions of the office, the next most senior Federal Court judge shall assume those responsibilities until a new appointment is made, or the Chief Justice resumes duty. Justice Hasnah was elevated to the Federal Court in Dec 2019. She was appointed as the 14th Chief Judge of Malaya on Nov 12 last year, making her the third woman to hold the position after Tan Sri Siti Norma Yaakob and Tan Sri Zaharah Ibrahim. Earlier Thursday (July 10), Istana Negara, in a statement, reminded all parties that the appointment of superior court judges must be handled with integrity and in strict adherence to the Federal Constitution to prevent any form of politicisation. The Palace emphasised that judicial appointments are a matter of national importance and must be managed carefully, reflecting the principle of checks and balances.

Govt to study other nations' best practices in appointing judges
Govt to study other nations' best practices in appointing judges

Free Malaysia Today

time7 days ago

  • Politics
  • Free Malaysia Today

Govt to study other nations' best practices in appointing judges

(From left) Senator Rita Sarimah Patrick Insol, law and institutional reform minister Azalina Othman Said and Selayang MP William Leong during their meeting on judicial reforms today. (Prime Minister's Department pic) PETALING JAYA : The government will embark on a study of the best practices of other countries in appointing judges, as part of reforming Malaysia's judicial appointments system. Law and institutional reform minister Azalina Othman Said said a preliminary comparative research will be held involving the systems being used in selected countries, namely the UK, India, Australia and Singapore. She said this was agreed by senator Rita Sarimah Patrick Insol and Selayang MP William Leong during a meeting on judicial reforms earlier today. The pair lead parliamentary committees on law review and institutional reforms, respectively. 'This research will give us a holistic understanding of the judicial appointment process in countries with similar systems, allowing Malaysia to evaluate the need for reforms and to adapt these best practices according to our nation's context,' she said. In a statement, Azalina said the government welcomed the public's views and feedback on the matter, adding that it would take an inclusive approach given the importance of the topic. 'The government is committed to strengthening public confidence by implementing reforms based on evidence and transparency,' she added. Pandan MP Rafizi Ramli and several other PKR MPs had called for a royal commission of inquiry (RCI) and a parliamentary committee hearing following the delays in the appointment of top judicial positions, including that of the chief justice. Chief Judge of Malaya Hasnah Hashim is serving as acting chief justice following Tengku Maimun Tuan Mat's retirement, while Federal Court judge Zabariah Yusof is the acting Court of Appeal president after Abang Iskandar Abang Hashim retired last week. Earlier today, Istana Negara urged all parties against politicising the appointment of judges to top judicial positions, saying these appointments must be handled carefully, with integrity and in line with the constitution.

Govt to conduct comparative study on judicial appointments
Govt to conduct comparative study on judicial appointments

The Sun

time7 days ago

  • Politics
  • The Sun

Govt to conduct comparative study on judicial appointments

PETALING JAY A: The government is set to conduct a preliminary comparative study on judicial appointment systems in several countries — including the United Kingdom, India, Australia, and Singapore — as part of efforts to reform Malaysia's judiciary. The initiative was agreed upon during a high-level discussion today involving Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (pic). Also present were chairperson of the Senate Special Select Committee on Law Review Senator Rita Sarimah Patrick Insol and chair of the Dewan Rakyat Special Select Committee on Human Rights, Elections and Institutional Reform as well as Selayang MP William Leong Jee Keen. In a joint statement, today, the Legal Affairs Division (BHEUU) said the meeting was held in response to public concern over the transparency and credibility of Malaysia's judicial appointment process. 'Both committee chairpersons voiced concern over recent developments and emphasised the need for a more rigorous, transparent, and credible appointment process,' it said. The study aims to provide a holistic understanding of international best practices and assess whether Malaysia's current approach should be reformed. It will also explore how reforms could be adapted to the country's constitutional monarchy framework, in line with the Federal Constitution. 'This evidence-based approach will help the government evaluate the need for reforms and recommend improvements suited to Malaysia's context,' it added. The government is also inviting public feedback, with BHEUU stressing the importance of an inclusive process to ensure all perspectives are considered before any recommendations are submitted to the Cabinet. 'The government remains committed to strengthening public trust in the judiciary through reforms that are transparent and grounded in facts,' the statement added.

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