Latest news with #JudicialEthicsCommitteeAct2010
Malaysian Reserve
16-07-2025
- Politics
- Malaysian Reserve
Judicial deadlock to end with Chief Justice appointment today
by HIDAYATH HISHAM THE prolonged impasse over the Chief Justice position is expected to conclude today, as the Conference of Rulers prepares to announce a new appointment. Prime Minister (PM) Datuk Seri Anwar Ibrahim said he had held a lengthy discussion with the Conference yesterday and had left the matter entirely to their discretion. 'After more than 2 1/2 years in office, I have never discussed any case with any judge — not with the Chief Justice, nor with any other judge. 'I firmly uphold the principle of judicial independence. That said, I acknowledge there have been concerns expressed and I have taken note of them,' he said at the International Conference on Governance and Integrity 2025 yesterday. The position has been vacant since the mandatory retirement of Tun Tengku Maimun Tuan Mat on June 30. The delay has raised concerns over possible interference in the judiciary, with the Malaysian Bar staging a march this week to deliver a memorandum urging the government to fill the vacancy and address three other demands. Anwar acknowledged that the controversy stemmed from the prolonged vacancy and public perceptions surrounding judicial appointments. He assured the public that there had been no undue influence and that no controversial names were submitted for consideration. 'I believe my colleagues in the legal field understand that we must act based on law and fact, not perception. 'We leave questions of perception to politicians. Only by doing this can we continue to govern the country effectively. 'God willing, tomorrow (today) there will be an announcement that will dispel all the negative perceptions that have spread,' he said. Anwar added that the Madani government had inherited a system plagued by corruption and weak governance, making institutional reform — including of the judiciary — necessary. He also addressed claims of political pressure influencing judicial matters. 'I hope this will not tarnish the position of the Bar Council, as they are guided by principle. Although I have firmly denied the allegations, some remain unsatisfied, perhaps due to political agendas. '(Minister in the Prime Minister's Department for Law and Institutional Reform) Datuk Seri Azalina Othman Said knows, the Chief Secretary to the Government knows, that no controversial or questionable names were ever submitted to the Yang diPertuan Agong (YDPA) or the Conference of Rulers,' he said. Separately, Azalina said the YDPA is empowered under the Federal Constitution to establish a special tribunal to investigate allegations of misconduct involving judges. She said the relevant provisions are outlined under Articles 125(3) and (4), and a judge under investigation may be suspended on the PM's advice, following consultation with the Chief Justice. 'Article 125(3A) also empowers the Chief Justice to refer any ethical breach to the Judicial Ethics Committee established under the Judicial Ethics Committee Act 2010 [Act 703]. 'Meanwhile, Article 125(3B) allows for the formulation of a written code of ethics to uphold high standards of conduct and integrity among judges,' she said in a statement.
New Straits Times
15-07-2025
- 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.
