Statement on top judicial appointments and the urgent need for reform — G25

Malay Mail

11-07-2025

JULY 11 — We, G25, express serious concern over the non-extension of the tenure of service of the former Chief Justice, Tun Tengku Maimun bin Tuan Mat, and the tenure of service of the former President of the Court of Appeal, Tan Sri Datuk Amar Abang Iskandar bin Abang Hashim. Whilst we acknowledge that the constitutional six-month extensions are not as of right but at the discretion of the Government, what is disquieting is that the same six-month extensions have been given very recently to four other Federal Court Judges. Why were similar extensions denied to Tun Tengku Maimun and Tan Sri Abang Iskandar when it cannot be denied that both were exemplary top Judges known for their excellence, landmark judgments, and integrity? Make no mistake, G25 is not asking that they be given special treatment. But we just ask: why were they being sidelined?
We also express serious concern over the delay in appointing a new Chief Justice and President of the Court of Appeal, following the retirements of Tun Tengku Maimun Tuan Mat as Chief Justice on 2 July 2025, and of Tan Sri Datuk Amar Abang Iskandar bin Abang Hashim as President of the Court of Appeal on July 3, 2025. While acting appointments have been made to ensure administrative continuity, leaving the apex court without permanent leadership creates an unacceptable vulnerability and sends troubling signals about the state of institutional governance in Malaysia. In addition, given that the retirement dates were clearly known in advance, and, indeed, names of candidates for the posts had been duly submitted to the Prime Minister by the JAC quite some time ago, the lack of timely action is difficult to justify and reflects poorly on the level of preparedness for such an important institutional transition. The continued silence from the Government regarding this has only intensified public speculation about possible political interference.
The Palace of Justice, which houses Malaysia's Court of Appeal and Federal Court, is seen in Putrajaya March 18, 2024. — Picture by Choo Choy May.
G25 has consistently advocated for judicial independence as a cornerstone of good governance. We believe this independence can only be guaranteed if the appointment and promotion of judges are overseen by a body independent of executive influence. The Judicial Appointments Commission (JAC), introduced in 2009 via the JAC Act, was meant to serve this role. Whilst it did improve public perception of judicial integrity at the time, concerns have persisted over the years. This is in part due to the fact that the Prime Minister has the discretion to appoint five out of the JAC's nine members. This goes against the principle of the independence of the Judiciary.
We, in G25, advocate that in order to adhere to the principle of the independence of the Judiciary, the Prime Minister should cease to have any part in the appointments process of superior court judges. Recommendations from the JAC should be submitted directly to Yang di-Pertuan Agong after consultation with the Conference of Rulers, and His Majesty shall act on the recommendations of the JAC.
As such, urgent reform of the JAC structure is essential. Its members should be appointed independently by an Independent Committee, its composition expanded to reflect a wider range of perspectives, and its deliberations made more transparent, such as by publishing meeting summaries to dispel suspicion over delays or decisions made behind closed doors. These steps will go far to strengthen public trust and judicial impartiality.
We, G25, appeal to the Conference of Rulers, as guardian of our Constitution and justice, to call for the immediate reform of the JAC and of the process of appointment of superior court judges.
We call on the Government to reform the JAC according to the Conference of Rulers' proposal during their 260th Conference which was held on 30 November 2022 (New Straits Times, 30 November 2022) and implement the recommendation that JAC members should no longer be appointed by the Prime Minister. In upholding the Rukun Negara principles of Supremacy of the Constitution and Rule of Law, it is pivotal to ensure that judicial appointments reflect the highest standards of merit, professionalism, and independence, free from political influence.
The judiciary, as one of the three branches of democratic governance, must remain independent from the legislative and executive arms. This independence is essential to protect the rights of the people, and to ensure that the actions of the Cabinet or Parliament do not stray from constitutional boundaries.
Alongside structural reform, there must also be unwavering commitment to integrity and accountability within the judiciary itself. Allegations of judicial misconduct, especially those suggesting external interference, must not be dismissed before investigations are conducted. These kinds of allegations show there are serious problems in the system that need to be redressed openly and without delay. G25 supports independent investigations, including through Royal Commissions of Inquiry where appropriate, with full disclosure of findings for the sake of transparency and trust.
Malaysia's reputation as a democratic state governed by the Rule of Law depends on the strength and independence of its judiciary. Delays in key judicial appointments, coupled with structural weaknesses, risk damaging our standing in the eyes of the global community. Investors, diplomatic partners, and international human rights observers closely monitor the state of judicial governance in our country as a benchmark for institutional stability and accountability. To maintain confidence in our legal system, Malaysia must demonstrate transparency, consistency, and a commitment to judicial integrity.
We, G25, call on the Government to also uphold the core Madani principles that it advocates, particularly, those centred around trust which includes good governance, transparency, and integrity. If the Government is sincere in its pledge to uphold its Madani principles of governance, then this must be clearly demonstrated through action, not just rhetoric. Ensuring a swift and transparent appointment of top judicial positions, alongside meaningful reforms to protect judicial independence and accountability, will serve as a true measure of the Government's commitment to those ideals. The credibility of Malaysia's governance and reform agenda will ultimately be measured by how consistently these principles are earnestly applied, especially in matters as fundamental as the administration of justice.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.