logo
Judges are appointed by law, not lobby

Judges are appointed by law, not lobby

Malaysiakini3 days ago
COMMENT | The appointment of judges to Malaysia's superior courts is neither a subject for partisan debate nor should it be shaped by public sentiment or political interpretation.
It is a constitutional duty, carried out through a deliberate and structured process rooted in the Federal Constitution.
The recent appointment of Wan Ahmad Farid Wan Salleh as the chief justice of Malaysia, along with other senior judicial positions, has drawn public attention.
While differing views are expected in a democracy, such appointments must be examined through the lens of law, not political bias or speculation.
Article 122B of the Federal Constitution provides the legal framework for the appointment of judges to the Federal Court, the Court of Appeal, and the High Courts.
It states that such appointments shall be made by the Yang di-Pertuan Agong, acting on the advice of the prime minister and after consultation with the Conference of Rulers.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Striking a proper legal balance
Striking a proper legal balance

The Star

time20 minutes ago

  • The Star

Striking a proper legal balance

PETALING JAYA: Significant changes to the Peaceful Assembly Act 2012 (Act 736) will mark a key test of the government's commitment to upholding civil liberties, say legal experts. With that in mind, some have urged the government to strike a proper balance between the people's right to hold peaceful protests and the authorities' need to maintain public order. All eyes will be on proposed amendments to the Act during the current parliamentary session, with the government having pledged to remove impediments towards the right to peaceful assembly. Act 736 regulates public assemblies, including protests, and outlines the right to assemble peacefully and without arms, while also establishing restrictions deemed necessary for public order and security. Key aspects have included a requirement for organisers to notify the police of an intended assembly, restrictions on street protests and specific rules regarding prohibited places. Lawyer Kokila Vaani Vadiveloo welcomed the proposed removal of Section 11, which requires protest organisers to obtain the consent of the venue owner. She said this is in line with the recent Federal Court ruling that struck down the requirement which penalised organisers who failed to give five days' notice, with the apex court ruling it as unconstitutional. While police notification under Section 9(1) remains a requirement, Kokila said the court ruling makes it no longer criminally enforceable. 'This does not weaken public order. The court acknowledged public order as a legitimate concern but found Section 9(5) to be disproportionate,' said the former Selangor Bar chairman. Kokila said the authorities still hold powers under other parts of the Act and the Penal Code to manage assemblies. 'Public safety can be maintained without criminalising peaceful conduct,' she added. Kokila proposed reframing Section 9(1) as a recommended, not mandatory, requirement and removing Section 11 or replacing it with a presumptive right to public space with limited exceptions. She said the proposed removal of Section 11 does not mean anyone could protest anywhere without permission as it only applies to public spaces, not private property. 'Private venue owners still have the full legal right to deny access to their premises. 'If someone were to hold a protest on private land without the owner's consent, it could amount to trespass and the owner may seek legal remedies, including injunction or removal,' she added. If properly implemented, Kokila said the reforms would better align the country's public law with democratic norms and affirm the judiciary's role in safeguarding rights. Echoing this view, lawyer Lim Wei Jiet said the amendments should move Malaysia away from a system based on 'permission' towards one which facilitates peaceful assemblies. 'We have yet to see the draft, so the devil is in the details,' he added. Senior lawyer Mohamed Haniff Khatri Abdulla, however, cautioned that eliminating the need to notify the police could complicate rally management. He said assemblies held in public spaces still require traffic control and crowd management and without notice, the police will not be able to prepare or even inform the public. He also noted that having a police presence will help assure both rally participants and the public. 'Although the proposed amendments are welcomed, is it not wise for the organisers to still notify the police in advance to ensure the safety and security of those who turn up for the assembly and also bystanders? 'I believe the general public will also want to know earlier as they may have plans to pass by the area or attend an event there,' he said, adding that he agreed with Home Minister Datuk Seri Saifuddin Nasution Ismail, who had raised these concerns. Mohamed Haniff said police could still seek a court injunction to stop a protest if there are substantial concerns about public safety. Beyond Section 11, several lawyers have called for other changes. Lawyer Andrew Khoo pointed out that since the Act's introduction in 2012, only one designated protest site has been gazetted – Darul Makmur Stadium in Kuantan – under Section 25. 'Every town and city should have such designated places, and a city should have more than one spot where people can gather for peaceful assembly,' he said. Khoo called for the removal of restrictions in Section 4, which bars non-citizens, those under 21 years of age and children from participating in assemblies. 'The age limit is inconsistent with Malaysia's commitments under the United Nations Convention on the Rights of the Child,' he said. Khoo added that Sections 5 and 12, which allow third parties to object to a protest, could unfairly undermine the right to assemble. Association of Women Lawyers vice-president Denise Lim said the recent Federal Court ruling and moratorium on Section 11 investigations are positive developments, but urged close scrutiny on fresh amendments. 'The key is whether other restrictive provisions remain or whether new forms of regulations might replace repealed ones.'Transparency, meaningful stakeholder engagement and rights-based drafting should be made central to this process,' she said. Lim added that legal reforms should be consistently and fairly implemented, as whether an individual is truly able to exercise his or her rights depends on the law being implemented proportionately without fear of retaliation or creating excessive hurdles.

Sarawak's MA63 fight rooted in law, not emotion, says Sharifah Hasidah
Sarawak's MA63 fight rooted in law, not emotion, says Sharifah Hasidah

Borneo Post

time17 hours ago

  • Borneo Post

Sarawak's MA63 fight rooted in law, not emotion, says Sharifah Hasidah

Sharifah Hasidah (seated centre), Naim Fahmi (seated third left) and other guests in a group photo with the workshop participants. KUCHING (July 20): The fight to reclaim Sarawak's rights under the Malaysia Agreement 1963 (MA63) is rooted in legal foundations and not driven by emotions or rhetoric, said Datuk Sharifah Hasidah Sayeed Aman Ghazali. The Deputy Minister in the Premier of Sarawak's Department (Law, MA63 and State-Federal Relations) pointed out that the Sarawak government's efforts in pursuing Sarawak's rights are firmly grounded in the Federal Constitution, MA63, and relevant federal and state laws. 'It is important for the people to know that what we are fighting for is not arbitrary or based on emotions. 'Everything we do is based on legal principles and facts, anchored in the laws that already exist, including the Malaysia Agreement itself,' she told reporters when met after closing the 'Minda Madani' Transformation Workshop on behalf of Deputy Prime Minister Dato Sri Fadillah Yusuf at Raia Hotel and Convention Centre here today. Sharifah Hasidah stressed that this was why continuous engagement and education efforts were necessary to ensure the public understands the legal basis behind Sarawak's demands. 'People need to know what we are truly advocating for. 'This is why programmes like this 'Minda Madani' Transformation Workshop are important to enable us to explain MA63 in a simple, clear, and accessible manner,' she said. She noted that some of Sarawak's rights have been eroded over time and must be reclaimed, in line with what was agreed upon when the state signed the MA63. 'What's most important is knowledge. Our people must understand these issues. 'That is why we must continue to raise awareness and explain MA63 clearly to the public,' she said. The three-day workshop, which started on Friday (July 18), was attended by 54 participants from Tupong, Samariang and Satok state constituencies. Also present was Malaysia Information Department senior director (Management) Naim Fahmi Ahmad Tajuddin.

Cost relief ‘tribute' likely
Cost relief ‘tribute' likely

The Star

timea day ago

  • The Star

Cost relief ‘tribute' likely

BUTTERWORTH: The Prime Minister has hinted at an important announcement, described as an 'extraordinary tribute' to Malaysians, which will be made either tomorrow or on Tuesday. It is expected to address efforts to ease the rising cost of living. Datuk Seri Anwar Ibrahim said the Finance Ministry is currently refining proposals that can be announced immediately to ease the burden on the people and address current issues. Anwar said that more time is needed to enhance the 'surprise' before the big reveal. 'I need a little more time to make the announcement, to allow my team under the Finance Ministry to prepare the 'surprise' in greater detail to ensure it is comprehensive. 'If not Monday, Tuesday ... give me two or three more days to refine it.' The Prime Minister said the government is looking for the best approach to balance the rising cost of living with the country's fiscal capacity, given that existing expenditure on assistance such as the Rahmah Cash Contribution and civil servant salary increases has reached billions of ringgit. 'We want to increase salaries and allowances for public servants by RM10bil this year and next year by an additional RM18bil. 'We want to do the same with the STR by RM13bil, making it RM23bil. 'Every day at the Finance Ministry, we are working hard to find an approach that can be announced soon, especially to address the cost of living,' he said when launching the Bumiputra Master Plan, the Tunas Madani programme and the JKPSB housing project yesterday. Anwar announced via social media earlier this week that he would make an important announcement as a gesture of appreciation for Malaysians. At the same event, the Prime Minister said that eight newly appointed Court of Appeal judges and 14 High Court judges are scheduled to be sworn in on July 28. He said the appointment process had gone through all the necessary stages, including the assessment by the Judicial Appoint­ments Commission, discussions with the Malay Rulers, and the consent of the Yang di-Pertuan Agong. 'Many have asked me why it was not announced earlier. I cannot answer arbitrarily because the process of appointing judges involves the consent of the Yang di-Pertuan Agong. 'It needs to go through discussions with the Rulers and after it is agreed, it will then be brought back to the King for consent,' Anwar explained. Earlier this week, His Majesty Sultan Ibrahim, King of Malaysia, consented to the appointment of the new Chief Justice of the Federal Court, Datuk Wan Ahmad Farid Wan Salleh, Datuk Abu Bakar Jais as President of the Court of Appeal, and Datuk Azizah Nawawi as Chief Judge of Sabah and Sarawak. Their official swearing-in and presentation of letters of appointment will also be held on July 28.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store