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The Star
7 hours ago
- Politics
- The Star
Safeguarding Judicial Independence
TWO weeks ago, Malaysia's legal community reached a tipping point when lawyers, led by the Malaysian Bar Council, embarked on a 2.6km 'Walk to Safeguard Judicial Independence.' Clad in black and armed with a 65-page memorandum, they pressed the Prime Minister's Office to curb executive overreach in judicial appointments. At the heart of their grievances was the abrupt decision to deny six-month tenure extensions to three of the judiciary's most senior figures – former Chief Justice Tun Tengku Maimun Tuan Mat, Court of Appeal President Tan Sri Abang Iskandar Abang Hashim, and Federal Court Judge Tan Sri Nallini Pathmanathan – as each approached the constitutionally mandated retirement age of 66. Cancel anytime. Ad-free. Full access to Web and App. RM 13.90/month RM 9.73 /month Billed as RM 9.73 for the 1st month, RM 13.90 thereafter. RM 12.39/month RM 8.63 /month Billed as RM 103.60 for the 1st year, RM 148 thereafter.


The Star
10-07-2025
- Politics
- The Star
Concerns rise over retirement of top judges without extensions
THE recent retirement of Chief Justice Tun Tengku Maimun Tuan Mat and Court of Appeal President Datuk Abang Iskandar without term extensions has triggered significant concern both domestically and abroad. We express our deep concern and urge the government to provide a clear and transparent explanation for its decision not to extend the terms of these two top judicial leaders. Upholding judicial independence, fairness, and institutional credibility must remain a national priority. Under Article 125(1) of the Federal Constitution, judges who reach the age of 66 may be granted a six-month extension, subject to the approval of the Yang di-Pertuan Agong. Historically, several Chief Justices — including Tun Richard Malanjum and Tan Sri Arifin Zakaria — were granted such extensions. However, in this case, while several other senior judges were extended, the two highest judicial office holders were excluded, without public explanation or clarity on evaluation standards — an unusual and troubling development. Malaysia's judicial system now faces a structural challenge: - As of July 2025, more than nine judges from the Federal Court and Court of Appeal have retired; - Over 20 high-ranking judicial positions are currently vacant, including the two top posts, with no official successors announced; - The average case resolution period now ranges from 12 to 18 months, and prolonged vacancies at the top risk further backlog and delay in the delivery of justice. The judiciary is not merely a legal institution; it is the benchmark by which citizens assess whether a nation is just, accountable, and governed by the rule of law. When citizens witness the departure of the country's highest-ranking judges without sufficient explanation, it inevitably leads to questions: Has political interest overridden institutional processes? Is there an attempt to influence the direction of the judiciary through key appointments? We must stress: "Justice must not only be done, it must be seen to be done." A lack of clear, objective reasoning behind the government's decision will not only strain the boundary of trust between the executive and judiciary but also undermine public confidence in the legal system, potentially damaging Malaysia's international reputation and investor perception. Therefore, we call for the following actions: - The government must immediately disclose the rationale behind the non-renewal of both judicial leaders, including whether an independent evaluation was conducted, whether the Conference of Rulers was consulted, and whether a consistent standard was applied; - Judicial appointments and extensions must be institutionalised and standardised through a transparent, objective, and independent mechanism, insulated from political influence; - A bipartisan Parliamentary Special Committee or Royal Commission of Inquiry (RCI) should be established to investigate any possible political interference in judicial appointments; - All top judicial vacancies at the Federal Court and Court of Appeal must be filled urgently, to ensure institutional continuity and protect every citizen's right to timely justice. True national stability is not built on the centralisation of power, but on the credibility of institutions and the realization of justice. The judiciary is the people's final line of defence. It must never be subjected to political manipulation, nor become a pawn in power struggles. Malaysia must not regress. DATUK DR MONNA ONG SIEW SIEW Chairperson, National Policy and People's Livelihood Research advisory Committee


Focus Malaysia
07-07-2025
- Politics
- Focus Malaysia
Judiciary is not a playground of partisan preferences
LATELY there have been statements from various groups on the government's decision not to extend former Chief Justice Tun Tengku Maimun Tuan Mat's tenure following her retirement on July 1 this year. Opposition leader Datuk Seri Hamzah Zainudin has criticised the government's decision not to extend Tengku Maimun's tenure, saying it signals a lack of consideration for the future of the country's legal system. For weeks prior to the chief justice's retirement, questions had arisen among legal practitioners , politicians over the lack of an extension for her and an announcement of a successor. DAP came out late with a statement saying the judiciary is of paramount importance, and reiterated its position that the extension of the tenures 'would be consistent with the reformist agenda of the Madani government'. It is obvious from these statements that Tengku Maimun has shown integrity and defense of judicial independence. The question is does the Malaysian public's trust in the judiciary have to be confined to individuals, or would it be better that judges, whoever they are, are able to safeguard the independence and integrity of the judiciary? Is it not the judiciary a guiding light to the objectivity of constitutional principles? What the public aspires for is not only judges with integrity but also able to collectively safeguard constitutional principles that makes it truly independent. If this is the case Tengku Maimun's retirement is not the issue to the people since whoever comes after will carry on the torch of justice through balance and enlighten interpretation of the constitution that protects the life and liberty of all Malaysians. Therefore the Association for Welfare, Community and Dialogue (ACID) believes that it would be wise that judicial appointments should be separated from the preferences of the prime minister or politicians who have their own agendas. Judiciary is the carrier of holistic constitutional principles, it cannot be a playground of partisan preferences or ideological battles. ‒ July 7, 2025 Ronald Benjamin is the Secretary for the Association for Welfare, Community and Dialogue. The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia. Main image: Bernama


Malaysian Reserve
07-07-2025
- Politics
- Malaysian Reserve
CJ Tengku Maimun retires. What's next?
THE departure of Tun Tengku Maimun Tuan Mat as Malaysia's chief justice (CJ) has been in the news for months now, though not necessarily for the reasons one might expect. The six-month extension that never materialised is hardly an issue. Historically, such extensions for superior court judges — comprising the High Court, Court of Appeal and Federal Court — have been rare. When granted, they were typically limited to enabling judges to clear pending paperwork from their chambers, not to hear new cases. Extensions only became more common in recent years. Nor is the interest in her retirement tied solely to her historic status as the first woman to hold the post since her appointment in 2019. She shattered the glass ceiling in style. She shattered the glass ceiling in style. Her exit has drawn widespread admiration — well deserved, given her legacy. During her tenure on the bench, Tengku Maimun was praised for her perseverance, unshakable integrity and unwavering commit- ment to justice. A former colleague described her as possessing 'a sharp intellect, meticulous attention to detail and a resolute determination to approach every challenge with poise and precision.' But what truly set her apart, according to Tan Sri Zainun Ali — a former Federal Court judge — was her humanity. Speaking at the recent launch of Behind the Gavel in Kuala Lumpur — one of Tengku Maimun's first public appearances after her retirement on July 1 — Zainun reflected: 'Her leadership demonstrated an extraordinary ability to listen not only to the facts of the case but to the human experiences behind them. Her capacity to understand the lives affected by law set her apart. She viewed justice not just as an intellectual exercise, but as a moral and human endeavour.' Echoing this sentiment, Singa- pore Chief Justice Sundaresh Menon wrote in the book's fore- word: 'What stands out promi- nently from her jurisprudence is her courage — the strength of character and deep conviction to uphold the rule of law, safeguard judicial independence and simply do right by all manner of people. This moral courage has defined her tenure as leader of the Malaysian Judiciary.' As she made her final appearance at the Palace of Justice in Putrajaya, senior lawyer and former law professor Datuk Gurdial Singh Nijar paid tribute: 'Under your leadership, the judiciary's credibility was restored and reached to a level on par with the best in the Commonwealth.' Indeed, there is no question about the quality of Tengku Maimun's leadership or the impact of her judgments. They are sound, forceful and committed to delivering justice. Yet, beneath the surface of these tributes lies a growing unease within legal circles — not over her record, but over what comes next. A wave of retirements has left the judiciary facing a significant leadership vacuum. The day after Tengku Maimun stepped down, Court of Appeal President Tan Sri Abang Iskandar Abang Hashim — the second most senior member of the judiciary — also retired upon reaching the mandatory age limit of 66. Abang Iskandar, the first person from Sarawak to hold the position, previously served as chief judge of Sabah and Sarawak — the fourth-highest post in the judiciary after the Chief Judge of Malaya (CJM). Next in line, in terms of seniority of service in the Federal Court, is Tan Sri Nallini Pathmanathan, who will retire in August. None of these three senior judges received the six-month extension recently granted to some of their peers. This rapid succession of exits has created a temporary gap in leadership. In the interim, CJM Tan Sri Hasnah Mohammed Hashim has been appointed acting CJ while Federal Court judge Datuk Zabariah Mohd Yusof steps into Abang Iskandar's role on an acting basis. Even this vacuum does not rock the judiciary, in itself. There are plenty of qualified individuals ready to rise to the occasion. So why the anxiety? The real concern lies elsewhere — specifically, in the possibility that the Madani government already has its preferred candidate for the top judicial post. Rumours suggest that the administration may be positioning Tan Sri Ahmad Terrirudin Mohd Salleh as the next CJ. Ahmad Terrirudin has had a varied career, having served as a Sessions Court judge in Kuala Lumpur, chief registrar of the Federal Court, Solicitor-General, and, most recently, Attorney General (AG) — a post he held for 14 months before his elevation to the Federal Court in November 2024. He is widely seen as an establishment figure. Legal insiders whisper that a senior minister from UMNO played a key role in fast-tracking his rise through the ranks. How Prime Minister (PM) Datuk Seri Anwar Ibrahim handles this vacancy will be telling. There is no room for deflection here. The choice of the next CJ will send a powerful signal — not just about the direction of the judiciary, but about the government's commitment to upholding judicial independence and pushing its reform agenda. In the end, the transition must reflect more than political convenience. It must affirm the principles that Tengku Maimun championed throughout her tenure: Integrity, impartiality and above all, justice. Habhajan Singh is the corporate editor of The Malaysian Reserve. This article first appeared in The Malaysian Reserve weekly print edition


New Straits Times
03-07-2025
- Politics
- New Straits Times
'I can now breathe a sigh of relief', says Tengku Maimun
KUALA LUMPUR: Former Chief Justice Tun Tengku Maimun Tuan Mat said she can now breathe a sigh of relief, as she no longer bears the heavy responsibility of upholding judicial independence and integrity. Speaking at the launch of her book Behind the Gavel, Tengku Maimun reflected on her time at the helm of the judiciary, noting that she and her colleagues had worked tirelessly to restore public confidence in the institution. The Kelantan-born judge reiterated that she had never aspired to the top judicial post. "As I have said before, I never sought the position of Chief Justice. It was never in my wildest dreams to imagine that someone like me would be selected to hold the position. "I accepted the job as a test from Allah, to measure my commitment to the rule of law and the principles of the Islamic faith, such as honesty and integrity. "I still find it hard to fathom that I spent six years of my life as Chief Justice, and that I am now retired after a lifetime of service. "I am happy to reach the time when I must finally hang up my judicial robe. From the book, I hope it is clear that I have done my part for the country and the rule of law," she said. Chief Justice of Singapore, Sundaresh Menon, was also present at the event and officiated the launch of the book. Tengku Maimun said public attention, including her own, is now on the government and the incoming Chief Justice. "It is about how they uphold the standards of judicial independence and integrity," she said. Tengku Maimun retired upon turning 66 on July 2, the mandatory retirement age for judges. Earlier, the Chief Registrar's Office announced that Chief Judge of Malaya, Tan Sri Hasnah Mohammed Hashim, has assumed the role and is carrying out the duties of Chief Justice following Tengku Maimun's retirement. The Chief Registrar's Office said the appointment was made in accordance with Article 131A of the Federal Constitution and Sections 9(1)(b) and 9(3) of the Courts of Judicature Act.