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Govt to address Malaysian Bar concerns within constitutional framework
Govt to address Malaysian Bar concerns within constitutional framework

The Sun

timea day ago

  • Politics
  • The Sun

Govt to address Malaysian Bar concerns within constitutional framework

KUALA LUMPUR: The government has acknowledged concerns raised by the Malaysian Bar during the 'Walk to Safeguard Judicial Independence' and pledged to address them responsibly within the Federal Constitution's framework. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said emphasised the commitment to transparency in judicial appointments. Last week, the government announced a Comparative Study of the Judicial Appointment System, conducted by the Legal Affairs Division. This initiative aims to clarify the Judicial Appointments Commission's (JAC) role and resolve issues highlighted by the Malaysian Bar. Azalina stated, 'The government is always open to the views of all parties, including the Malaysian Bar, who will also be invited to join in this study, to ensure a more transparent, integrity-based and trusted judicial appointment system for the people.' She stressed that discussions must align with the Federal Constitution, the Judicial Appointments Commission Act 2009, and other existing laws. The Federal Constitution provides mechanisms to address judicial misconduct. Article 125(3) and (4) allows the Yang di-Pertuan Agong to form a tribunal for misconduct investigations, with judges potentially suspended on the Prime Minister's advice after consulting the Chief Justice. Additionally, Article 125(3A) empowers the Chief Justice to refer ethical breaches to the Judicial Ethics Committee under the Judges' Ethics Committee Act 2010. Azalina highlighted the Judges' Code of Ethics 2009 as a legally binding standard for judicial conduct, ensuring the judiciary remains free from external influence. 'This independence is essential to maintaining public confidence in the country's justice system,' she added. – Bernama

Mechanisms to probe judges exist under constitution, says Azalina
Mechanisms to probe judges exist under constitution, says Azalina

Daily Express

timea day ago

  • Politics
  • Daily Express

Mechanisms to probe judges exist under constitution, says Azalina

Published on: Tuesday, July 15, 2025 Published on: Tue, Jul 15, 2025 By: FMT Reporters Text Size: Law and institutional reform minister Azalina Othman Said said judicial independence is vital to maintaining public confidence in the justice system. (Facebook pic) PETALING JAYA: The government today reminded all parties that the Federal Constitution outlines clear mechanisms for dealing with judicial misconduct amid concerns over judicial interference and integrity. Law and institutional reform minister Azalina Othman Said said Articles 125(3) and (4) empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct against judges, on the advice of the prime minister after consultation with the chief justice. Advertisement She said additional safeguards are provided under Article 125(3A), which allows the chief justice to refer breaches of ethics to the Judicial Ethics Committee, and Article 125(3B), which supports a written code of conduct, currently the Judges' Code of Ethics 2009. 'This framework ensures that the judiciary remains free from political or external influence, thereby upholding the supremacy of the constitution and the rule of law,' Azalina said in a statement today. 'The executive and legislature have no power to interfere in issues of judicial ethics. This is essential to maintain public trust in the justice system.' Azalina said the government acknowledged the concerns raised by the Malaysian Bar during yesterday's judicial independence march and pledged to address them transparently and in accordance with the law. She said the Bar would be invited to contribute to an ongoing comparative study on judicial appointments, led by the Legal Affairs Division of the Prime Minister's Department, together with select committees from the Dewan Rakyat and Dewan Negara. 'Furthermore, the concerns raised by the Malaysian Bar must be examined in accordance with the Federal Constitution, the Judicial Appointments Commission (JAC) Act 2009, and all other applicable laws,' she said. A document allegedly containing excerpts from a JAC meeting held in May went viral on social media last weekend, raising concerns from various parties. The extract of the purported minutes said that the former chief justice had raised concerns about the integrity of a candidate for an administrative post in the judiciary. Claims were made that the judge in question had once attempted to influence the outcome of a case in favour of a specific party, and had sought the transfer of a fellow judge for holding a differing view. Police are investigating the alleged leak of the JAC meeting minutes under the Official Secrets Act and two other laws. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia

Clear mechanism in place to probe judges, says Azalina
Clear mechanism in place to probe judges, says Azalina

New Straits Times

timea day ago

  • Politics
  • New Straits Times

Clear mechanism in place to probe judges, says Azalina

KUALA LUMPUR: The Federal Constitution provides a clear and established mechanism to address allegations of judicial misconduct, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said today. In a statement, Azalina said the government remained committed to upholding judicial integrity through transparent and constitutional means, in light of concerns raised by the Malaysian Bar recently. She said Articles 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate alleged misconduct involving judges. Azalina said a judge under probe may also be suspended from duty upon the advice of the prime minister after consultation with the chief justice. "The chief justice is also empowered under Article 125(3A) to refer any breach of ethics to the Judicial Ethics Committee, as provided under the Judicial Ethics Committee Act 2010. "The Judges' Code of Ethics 2009, which has been in force since July 1, 2009, also serves as an important reference for clearly and legally defined standards of judicial behaviour. "This ethical framework aims to ensure the judiciary remains independent from political or external influence, thereby upholding the supremacy of the Constitution and the rule of law. "This means the Executive and Legislative branches cannot interfere in judicial ethics matters. "Such independence is crucial for maintaining public confidence in the nation's justice system," she said. Regarding the recent 'Walk to Safeguard Judicial Independence' organised by the Malaysian Bar, Azalina said the government took note of the concerns raised and reaffirmed its commitment to addressing them responsibly and transparently. She said the government has launched a Comparative Study on the Judicial Appointment System as part of ongoing reforms to enhance transparency. She said the study carried out by the Legal Affairs Division in collaboration with special select committees from both Houses of Parliament also includes engagement with the Malaysian Bar. "The objective of this study is to provide greater clarity regarding the role of the Judicial Appointments Commission and to address some of the issues raised by the Malaysian Bar. "The government remains open to views from all stakeholders, including the Malaysian Bar, which will be invited to participate in this study, to ensure a more transparent, trustworthy, and integrity-driven system of judicial appointments," she added. Azalina urged all parties to continue respecting the constitutional processes that underpin judicial independence in Malaysia.

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