CJ’s call on judicial appointments in line with Madani government’s institutional reforms
The suggestions offered by Chief Justice Tun Tengku Maimun Binti Tuan Mat recently on reforms in respect of judicial appointments at the 24th Commonwealth Law Conference in Malta are welcomed and are certainly within the area of institutional reforms which the Madani government has made a priority.
I note that there has been criticism of her remarks from former minister Nazri Abdul Aziz, questioning her views in the said appointments process since she herself was appointed Chief Justice under that process, which is based on British legal conventions.
It is unfortunate to hear such baseless criticism from Nazri!
Nazri should understand that legal and institutional reforms often involve departures from previous practices and norms when such practices are found to be outdated and ill suited in Malaysia today.
There can be no doubt that this would have been the underlying consideration of the government when passing legislation for the purpose of reforming outdated laws in the country such as the abolition of the mandatory death penalty in 2023 and in relation to the ongoing studies that are being carried out to separate the Public Prosecutor and the Attorney General for the purpose of implementing much needed reforms in the way prosecutions are instituted and conducted in the country today.
Going by Nazri’s logic, such a separation should not be contemplated as this is a system that we have been practicing for decades, which is a view that is in itself, outdated!
The Chief Justice’s view that the Prime Minister ought to be excluded from the judicial appointments process to enhance the perception of impartiality is certainly one that merits serious consideration and warrants further discussion as past events in this country, particularly the judicial crisis in 1988 had caused a serious erosion of public confidence in the Judiciary which, as rightly pointed out by Tengku Maimun, has taken years, if not decades to overcome.
The Chief Justice’s remarks did not in any way undermine or attack the current administration but was merely aimed at highlighting certain facts that are in the public domain and were said with a view towards the betterment of the Judiciary as a whole.
It is hoped that the government receives more of such constructive feedback moving forward.
RAMKARPAL SINGH is Bukit Gelugor MP and DAP’s deputy secretary general.