No judicial crisis in Malaysia, says AGC amid calls for RCI over top court vacancies

Malay Mail

08-07-2025

KUALA LUMPUR, July 8 — The Attorney General's Chambers (AGC) has dismissed claims that Malaysia is facing a judicial crisis, rejecting calls for a royal commission of inquiry (RCI) or a parliamentary select committee to investigate judicial appointments.
In a statement today, the AGC said the current situation does not constitute a constitutional crisis, and that the appointment process is proceeding in accordance with the Federal Constitution, according to a report published today in Free Malaysia Today.
'Discrepancies in timing or procedure related to appointments do not automatically amount to a constitutional crisis,' the AGC said.
Citing Article 122B, the AGC explained that superior court judges are appointed by the Yang di-Pertuan Agong on the advice of the prime minister, following consultation with the Conference of Rulers.
While Parliament may review governance issues, the AGC warned against politicising the roles of the prime minister or the King, saying such matters must be handled in line with constitutional principles.
The statement follows demands by Pandan MP Datuk Seri Rafizi Ramli and several PKR lawmakers for an RCI amid delays in naming new top judicial figures, including the chief justice.
Responding to claims of procedural flaws, including alleged short-notice meetings by the Judicial Appointments Commission (JAC), the AGC said such meetings are valid if members agree and no clear evidence of misconduct is present.
The AGC also rejected 'speculative' accusations that a Federal Court judge influenced judicial decisions or postings, adding that JAC deliberations are legally protected and should not be misinterpreted as wrongdoing.
It further said comparisons to the VK Lingam case in 2007, which resulted in an RCI, were 'unwarranted' due to the lack of solid evidence in the current situation.
The AGC urged all parties to respect the separation of powers and avoid public pressure or political rhetoric that could compromise institutional credibility.
Concerns over a judicial crisis arose ahead of the mandatory retirement of then Chief Justice Tun Tengku Maimun Tuan Mat and Court of Appeal president Tan Sri Abang Iskandar Abang Hashim last week.
Chief Judge of Malaya Datuk Seri Hasnah Hashim is now acting chief justice, while Federal Court judge Datuk Zabariah Mohd Yusof is serving as acting Court of Appeal president.
Sarawak PKR information chief Abun Sui Anyit also said calls for an RCI were unnecessary, pointing to Article 131A of the constitution, which allows a Federal Court judge to assume interim duties to maintain judicial continuity.
He stressed that judicial appointments involve four key institutions — the JAC, the prime minister, the Conference of Rulers, and the King — and are not solely decided by the executive.