Clear mechanism in place to probe judges, says Azalina
In a statement, Azalina said the government remained committed to upholding judicial integrity through transparent and constitutional means, in light of concerns raised by the Malaysian Bar recently.
She said Articles 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate alleged misconduct involving judges.
Azalina said a judge under probe may also be suspended from duty upon the advice of the prime minister after consultation with the chief justice.
"The chief justice is also empowered under Article 125(3A) to refer any breach of ethics to the Judicial Ethics Committee, as provided under the Judicial Ethics Committee Act 2010.
"The Judges' Code of Ethics 2009, which has been in force since July 1, 2009, also serves as an important reference for clearly and legally defined standards of judicial behaviour.
"This ethical framework aims to ensure the judiciary remains independent from political or external influence, thereby upholding the supremacy of the Constitution and the rule of law.
"This means the Executive and Legislative branches cannot interfere in judicial ethics matters.
"Such independence is crucial for maintaining public confidence in the nation's justice system," she said.
Regarding the recent 'Walk to Safeguard Judicial Independence' organised by the Malaysian Bar, Azalina said the government took note of the concerns raised and reaffirmed its commitment to addressing them responsibly and transparently.
She said the government has launched a Comparative Study on the Judicial Appointment System as part of ongoing reforms to enhance transparency.
She said the study carried out by the Legal Affairs Division in collaboration with special select committees from both Houses of Parliament also includes engagement with the Malaysian Bar.
"The objective of this study is to provide greater clarity regarding the role of the Judicial Appointments Commission and to address some of the issues raised by the Malaysian Bar.
"The government remains open to views from all stakeholders, including the Malaysian Bar, which will be invited to participate in this study, to ensure a more transparent, trustworthy, and integrity-driven system of judicial appointments," she added.
Azalina urged all parties to continue respecting the constitutional processes that underpin judicial independence in Malaysia.
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