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The Star
2 days ago
- Politics
- The Star
Dissent is not interference, says ex-CJ
Sharing wisdom: Tengku Maimun preparing to deliver her keynote address at the ACG forum in Kuala Lumpur. — AZLINA ABDULLAH/The Star KUALA LUMPUR: Judicial deliberations, which may involve disagreements and persuasive discussions, should not be confused with internal judicial interference, says an ex-chief justice. Tun Tengku Maimun Tuan Mat said that the process of discussion and deliberation which is required under the law and which inevitably will involve disagreements and persuasions, should not be confused or equated with internal judicial interference. 'What then happens is the judge who cannot agree is encouraged to write physical judgment ... if a judge disagrees with the outcome of their appeal, then he or she delivers a dissenting judgment or a separate judgment if he or she agrees with the outcome but for separate reasons,' Tengku Maimun said in her speech at the Allianz Centre for Governance (ACG) yesterday. 'In a system of constitutional supremacy, the judiciary, like the other branches of government, is itself subject to the constraints of the Federal Constitution at all times. 'It is the Constitution that is supreme,' she said. Tengku Maimun was the distinguished speaker at the ACG forum titled 'The Sanctity of Malaysia's Federal Constitution: Threats, Solutions and Impact on National Governance'. Tengku Maimun explained that internal judicial independence is essential for judges to make decisions independently, free from undue influence by other judges, regardless of their rank. 'Internal judicial independence refers to a judge's freedom to decide cases independently by applying one's mind free from undue influence or control of other judges, particularly higher ranking or senior judges.' Collegiality, she said, plays a central role in appellate courts, where panels of judges deliberate on cases. This process ensures that diverse perspectives are considered, particularly when reviewing lower court judgments. 'Collegiality and conferral among judicial panel members is a central panel of the law and accountability as it ensures that every possible aspect of the case is considered,' she said. Later during a question and answer session, she said politicians were the biggest threat to the judiciary. 'I'm sorry ... but personally I would think that the biggest threat (to the judiciary) would be the politicians,' she said adding however, that during her tenure as judge in the High Court, Court of Appeal and Federal Court, she had never encountered any political interference. However, she acknowledged that there was a semblance of attempted interference towards the end of her tenure as the country's top judge. 'But then again, it all depends on the judges. There may be interference left, right, centre, but if you ignore them, nothing will happen and the judiciary will remain intact and judicial independence will be upheld,' she said.
Malaysiakini
2 days ago
- Politics
- Malaysiakini
Politicians the biggest threat to Constitution, says ex-CJ
Former chief justice Tengku Maimun Tuan Mat has opined that politicians pose the greatest threat to the Federal Constitution, reaffirming her stance that the prime minister should stay out of judicial appointments. Addressing a query from an audience member at an Allianz Centre for Governance (ACG) event in Kuala Lumpur today, Tengku Maimun briefly remarked that it is politicians themselves who endanger the sanctity and supremacy of the Constitution.
Sinar Daily
2 days ago
- Politics
- Sinar Daily
Political leaders among the biggest threats to Constitution
'There were indications of attempts at interference towards the final period of my service.' Tengku Maimun KUALA LUMPUR – Former Chief Justice Tun Tengku Maimun Tuan Mat admitted that political leaders are among the biggest threats to the Federal Constitution. She said this matter must be taken more seriously in order to safeguard the country's supreme law. "The biggest threat (to the Federal Constitution) is politicians. I don't think further elaboration is necessary,' she said during the Allianz Centre for Governance's lecture programme titled 'The Sanctity of Malaysia's Federal Constitution: Threats, Solutions and Impact on National Governance' at a hotel here on Tuesday. She said this in response to a question posed by one of the participants during the programme. Meanwhile, when asked whether she had ever faced interference from any party during her tenure, Tengku Maimun admitted that it had not happened. However, she said, signs of such attempts surfaced towards the end of her service. 'There were indications of attempts at interference towards the final period of my service,' she said. Commenting further on her responsibilities as Chief Justice, Tengku Maimun said that judgments were always based on facts and fair consideration, without being influenced by any external factors. She stressed that this principle was not only her own practice but also one she believed was upheld by other judges. 'When we are in court, we are blind (impartial). Not based on religion, race or any such considerations,' she said.
New Straits Times
2 days ago
- Politics
- New Straits Times
Politicians biggest threat to judiciary, says Tengku Maimun
KUALA LUMPUR: Politicians are the biggest threat to the judiciary, said former chief justice Tun Tengku Maimun Tuan Mat today. Speaking at the Allianz Centre for Governance's (ACG) Distinguished Speaker Series here, Tengku Maimun said she did not encounter political interference during her years as a High Court and Court of Appeal judge. However, she said there was "a semblance of attempted interference" towards the end of her career. "During my tenure in the High Court — never. During my tenure in the Court of Appeal — never. Unfortunately, towards the end of my tenure as CJ, there was a bit of a semblance of attempted interference," she said. "Personally, the biggest threat would be the politicians," she said, drawing laughter from the crowd. She was responding to a question from the audience on threats to the judiciary. Tengku Maimun added that attempts to influence judicial decisions would succeed only if judges allowed themselves to be swayed. "There may be interference left, right and centre, but if you ignore them, nothing will happen — the judiciary will remain intact and judicial independence will be upheld," she said. Tengku Maimun is the first woman to serve as Malaysia's chief justice. She took office in May 2019 and retired on July 1 this year.
New Straits Times
2 days ago
- Business
- New Straits Times
Tengku Maimun: Upholding constitution key to investor confidence
KUALA LUMPUR: Constitutional governance plays a crucial role in sustaining investor confidence and shaping Malaysia's reputation as a safe and stable destination for economic activity. Former chief justice Tun Tengku Maimun Tuan Mat said businesses and financial institutions based their long-term strategies on expectations of legal certainty, impartial adjudication, and the protection of property and contractual rights. "An independent judiciary, consistent in applying the law, reinforces these expectations," she said in her keynote address at the Allianz Centre for Governance (ACG). Tengku Maimun was the distinguished speaker at the ACG forum titled The Sanctity of Malaysia's Federal Constitution: Threats, Solutions and Impact on National Governance. Other panellists included Allianz Malaysia Bhd director Tan Sri Zainun Ali, ACG director Zaharom Nain, ACG deputy director and principal research fellow Dr Syarifah Munirah Alatas and National Human Rights Society (Hakam) past president Abdul Rashid Ismail. Tengku Maimun cautioned that inconsistent application of laws or institutions appearing susceptible to external influence would erode confidence in the economy. She said that beyond economics, constitutional adherence was vital to maintaining public trust, strengthening institutional credibility and preserving social harmony in Malaysia's multiracial, multireligious society. "The Federal Constitution provides a common framework within which the rights, obligations and expectations of all communities are defined and protected," she said, adding that constitutional guarantees must be upheld consistently and without fear or favour to foster inclusion and national unity. She added that the role of the judiciary must therefore remain firmly anchored within the constitutional framework.
