Kuala Lumpur: civil society against judicial paralysis and opacity in appointments
The G25 and legal expert Jerald Joseph call for reforms to protect the judiciary from political influence. The positions of the next president of the Court of Appeal and the president of the Supreme Court are hanging in the balance. Urgent reform of the 2009 Judicial Appointments Commission Act is also called for.
Kuala Lumpur (AsiaNews) - A growing chorus of voices within civil society is urging the government to act swiftly and transparently in appointing the next president of the Court of Appeal and the president of the Supreme Court of Malaysia. These are two key positions within the judiciary whose appointments are still pending, while continued delays and perceived interference by the executive could undermine public confidence in the judicial system.
The G25, a group of former senior public officials supported by veteran human rights lawyer Jerald Joseph, has expressed deep concern over the executive's decision not to extend the mandates. At stake are the positions of former Chief Justice Tun Tengku Maimun Tuan Mat and former Court of Appeal President Tan Sri Datuk Amar Abang Iskandar Abang Hashim, despite measures taken in the recent past to extend the terms of office in similar cases.
‘While recognising that six-month extensions are discretionary, it is perplexing that such extensions were granted to four Federal Court judges but denied to two of the most distinguished judicial leaders in recent memory,’ the G25 said in a statement over the weekend. ‘Tun Tengku Maimun and Tan Sri Abang Iskandar were known for their judicial courage, landmark rulings and profound integrity. We are not asking for special treatment, but only consistency, transparency and fairness,’ the statement continued.
Both judges retired at the beginning of July: Tun Tengku Maimun resigned on 2 July and Tan Sri Abang Iskandar followed suit the next day. Interim appointments are currently being made, but no permanent successors have been appointed, an institutional gap that the G25 has described as ‘unsustainable.’ ‘The retirement dates were well known and the Judicial Appointments Commission (JAC) had submitted the names of suitable candidates in advance. Yet we are left with a judiciary without clear leadership,’ the group said. ‘This sends the wrong signal about institutional governance and has fuelled public suspicion of political interference,’ the statement added.
Leveraging the concerns of the G25, former Human Rights Commission member Jerald Joseph urged the government to appoint the new Supreme Court president without delay and in a manner that safeguards the integrity of the process. Speaking to AsiaNews, he explained that ‘Malaysia cannot afford to leave the judiciary without permanent leadership.’ ‘The prime minister must act quickly to ensure a credible and independent appointment, free from political influence. It is essential that the JAC's recommendations are respected and that public confidence in the system is restored.’ The expert concluded by adding that judicial succession should not be left to ‘last-minute political decisions,’ because such practices weaken the institutions designed to protect the rule of law.
Both the G25 and Jerald also called for urgent reform of the Judicial Appointments Commission Act 2009. Although the JAC was introduced to improve the transparency of judicial appointments, its effectiveness has been questioned because of the prime minister's power to appoint five of its nine members. ‘This undermines the independence of the judiciary at its root,’ the G25 said. ‘To ensure a truly independent process, the prime minister should have no role in the appointment or promotion of judges to the higher courts,’ it warned. The group proposed instead that the JAC's recommendations be submitted directly to the King of Malaysia, after consultation with the Conference of Rulers, and that the monarch act solely on the basis of those recommendations. Jerald finally supported the call for reform: ‘Executive control over the JAC process must end. The independence of the judiciary,’ he said, ‘cannot be partial, but complete and outside politics.’
Tun Tengku Maimun, the first female president of the Malaysian Supreme Court, has earned widespread admiration for her principled rulings, including those relating to high-profile corruption cases. Similarly, Tan Sri Abang Iskandar's tenure has been characterised by balance, fairness and service to the Constitution. ‘Allowing these figures to leave the stage without a clear succession plan is not only a loss for the judiciary, but also a disservice to the nation,’ the G25 said. As the country awaits permanent appointments to its highest courts, civil society is sending a clear message: the independence of the Malaysian judiciary must not be sacrificed on the altar of political expediency.
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