Concerns rise over retirement of top judges without extensions

The Star

10-07-2025

THE recent retirement of Chief Justice Tun Tengku Maimun Tuan Mat and Court of Appeal President Datuk Abang Iskandar without term extensions has triggered significant concern both domestically and abroad.
We express our deep concern and urge the government to provide a clear and transparent explanation for its decision not to extend the terms of these two top judicial leaders.
Upholding judicial independence, fairness, and institutional credibility must remain a national priority.
Under Article 125(1) of the Federal Constitution, judges who reach the age of 66 may be granted a six-month extension, subject to the approval of the Yang di-Pertuan Agong.
Historically, several Chief Justices — including Tun Richard Malanjum and Tan Sri Arifin Zakaria — were granted such extensions.
However, in this case, while several other senior judges were extended, the two highest judicial office holders were excluded, without public explanation or clarity on evaluation standards — an unusual and troubling development.
Malaysia's judicial system now faces a structural challenge:
- As of July 2025, more than nine judges from the Federal Court and Court of Appeal have retired;
- Over 20 high-ranking judicial positions are currently vacant, including the two top posts, with no official successors announced;
- The average case resolution period now ranges from 12 to 18 months, and prolonged vacancies at the top risk further backlog and delay in the delivery of justice.
The judiciary is not merely a legal institution; it is the benchmark by which citizens assess whether a nation is just, accountable, and governed by the rule of law.
When citizens witness the departure of the country's highest-ranking judges without sufficient explanation, it inevitably leads to questions:
Has political interest overridden institutional processes? Is there an attempt to influence the direction of the judiciary through key appointments?
We must stress:
"Justice must not only be done, it must be seen to be done."
A lack of clear, objective reasoning behind the government's decision will not only strain the boundary of trust between the executive and judiciary but also undermine public confidence in the legal system, potentially damaging Malaysia's international reputation and investor perception.
Therefore, we call for the following actions:
- The government must immediately disclose the rationale behind the non-renewal of both judicial leaders, including whether an independent evaluation was conducted, whether the Conference of Rulers was consulted, and whether a consistent standard was applied;
- Judicial appointments and extensions must be institutionalised and standardised through a transparent, objective, and independent mechanism, insulated from political influence;
- A bipartisan Parliamentary Special Committee or Royal Commission of Inquiry (RCI) should be established to investigate any possible political interference in judicial appointments;
- All top judicial vacancies at the Federal Court and Court of Appeal must be filled urgently, to ensure institutional continuity and protect every citizen's right to timely justice.
True national stability is not built on the centralisation of power, but on the credibility of institutions and the realization of justice.
The judiciary is the people's final line of defence. It must never be subjected to political manipulation, nor become a pawn in power struggles.
Malaysia must not regress.
DATUK DR MONNA ONG SIEW SIEW
Chairperson, National Policy and People's Livelihood Research advisory Committee