Latest news with #WalktoSafeguardJudicialIndependence
Sinar Daily
4 hours ago
- Politics
- Sinar Daily
Calls grow for judicial reforms to avoid future appointment disputes
SHAH ALAM - The Malaysian government's recent move to enhance transparency in the appointment of superior court judges has been welcomed as a critical step to prevent recurring disputes in the judicial system. Lawyer Mohamed Haniff Khatri Abdulla said this was the right direction forward and emphasised the need for continued efforts to review and strengthen the Judicial Appointments Commission (JAC) Act 2009, along with judicial appointment and promotion procedures. "This is a positive sign because everyone knows that the concept of appointing and promoting judges needs to be thoroughly reviewed and refined to avoid becoming a future issue. "The current vacancies in the positions of Chief Justice and President of the Court of Appeal are also the main concerns," he told Sinar. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said had earlier assured the public that the unity government was aware of the concerns raised through the 'Walk to Safeguard Judicial Independence.' She said the government would address the issue responsibly and transparently in accordance with the Federal Constitution. Azalina also announced that a Comparative Study of Judicial Appointment Systems is being carried out by the Legal Affairs Division (BHEUU) under the Prime Minister's Department, in collaboration with Special Select Committees from the Dewan Negara and Dewan Rakyat. To ensure long-term reform, Haniff proposed the formation of a Royal Commission of Inquiry, with royal consent, to evaluate the system in-depth. "Appoint commissioners to be part of it with terms of reference that they wish to study and then give them time around nine to twelve months to conduct the study and provide recommendations. "The main weakness in the judicial appointment process, as I see it, lies within the JAC itself, because it needs to be fully recognised under the Federal Constitution. Currently, there is no full recognition under Article 122B of the Federal Constitution. "Article 122B states that four parties are involved in the appointment of judges, namely the Prime Minister, the Agong and the Conference of Rulers. Before the Prime Minister presents names to the Conference of Rulers, he may consult the Chief Justice. "The JAC, on the other hand, only plays an advisory role to the Prime Minister and its recommendations are not constitutionally binding under Article 122B, so the Prime Minister is not obligated to follow them," he said. Haniff also declined to comment on a proposed judicial tribunal discussed during a meeting between Pakatan Harapan MPs and Prime Minister Datuk Seri Anwar Ibrahim, saying the issue was not timely. In a separate view, constitutional expert Associate Professor Datuk Dr Wan Ahmad Fauzi Wan Husain pointed out that judicial appointments were already covered within the Federal Constitution and should not be sensationalised. He said if the Chief Justice post becomes vacant, the President of the Court of Appeal is constitutionally authorised to take over the duties. If that role is also vacant, the Chief Judge of Malaya can assume the responsibilities. "The problem arises when this issue is polemicised by parties with vested interests. Generally, there are three groups voicing out on the appointment of the Chief Justice. The first are those who want Tun Tengku Maimun Tuan Mat's term to be extended because they believe her decisions have favoured their interests. "Secondly, there are those who want to take advantage of the situation for political gain and thirdly, perhaps a small group that wishes for the appointment of judges by the Agong, in consultation with the Conference of Rulers, to no longer follow the advice of the Prime Minister, but instead be based on the recommendation of an independent commission," he said.
The Sun
a 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
The Star
a day ago
- Politics
- The Star
Govt to address issues raised by Malaysian Bar within framework of Federal Constitution, says Azalina
KUALA LUMPUR: The government has taken note of the concerns raised by the Malaysian Bar through the 'Walk to Safeguard Judicial Independence' and is committed to addressing the issue responsibly and transparently within the framework of the Federal Constitution. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said as an effort to increase transparency in the appointment procedure of Superior Court Judges, the government announced the implementation of a Comparative Study of the Judicial Appointment System by the Legal Affairs Division of Prime Minister's Department last week. She said the study aims to provide better clarity on the role of the Judicial Appointments Commission (JAC) and also to address the issues raised by the Malaysian Bar. "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. "In addition, issues raised by the Malaysian Bar should be considered within the framework of the Federal Constitution, the Judicial Appointments Commission Act 2009 [Act 695] and other laws in force," she said in a statement on Tuesday (July 15). Therefore, she said, all quarters should continue to respect the role of the constitution, which is the core of the country's judicial independence. Azalina said the Federal Constitution has established a clear mechanism to deal with judicial misconduct. Article 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct, and judges under investigation may be suspended on the advice of the Prime Minister after consultation with the Chief Justice, she said. In addition, she said, Article 125(3A) provides the Chief Justice with the power to refer any breach of ethics to the Judicial Ethics Committee established under the Judges' Ethics Committee Act 2010 [Act 703]. She said Article 125(3B) allows for the establishment of a written code of ethics to set high standards of conduct and integrity for judges, while the Judges' Code of Ethics 2009 [P.U. (B) 201/2009], which has been in force since July 1, 2009, is also an important reference for setting clear and legally binding standards of conduct for judges. "This ethical framework aims to ensure that the judiciary is free from political or external influence, thereby guaranteeing the supremacy of the Constitution and the rule of law. This process means that the Executive and the Legislative Bodies cannot interfere in issues of judicial ethics," she said, adding that this independence is essential to maintaining public confidence in the country's justice system. – Bernama
Malaysiakini
a day ago
- Politics
- Malaysiakini
Puad tells Bar to swap street protests with parliamentary parleys
Umno supreme council member Puad Zarkashi criticised the Malaysian Bar for holding their "Walk to Safeguard Judicial Independence" protest in Putrajaya, saying it was unbecoming of their image as legal practitioners. In a statement today, Puad said the group should have taken a different approach instead, like calling for a meeting with the government, to voice out their concerns over an ongoing judicial scandal.
Barnama
a day ago
- Politics
- Barnama
Govt To Address Issues Raised By Malaysian Bar Within Framework Of Federal Constitution
KUALA LUMPUR, July 15 (Bernama) -- The MADANI government has taken note of the concerns raised by the Malaysian Bar through the 'Walk to Safeguard Judicial Independence' and is committed to addressing the issue responsibly and transparently within the framework of the Federal Constitution. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said as an effort to increase transparency in the appointment procedure of Superior Court Judges, the government announced the implementation of a Comparative Study of the Judicial Appointment System by the Legal Affairs Division of Prime Minister's Department last week. She said the study aims to provide better clarity on the role of the Judicial Appointments Commission (JAC) and also to address the issues raised by the Malaysian Bar. '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. 'In addition, issues raised by the Malaysian Bar should be considered within the framework of the Federal Constitution, the Judicial Appointments Commission Act 2009 [Act 695] and other laws in force,' she said in a statement today. Therefore, she said, all quarters should continue to respect the role of the constitution, which is the core of the country's judicial independence. Azalina said the Federal Constitution has established a clear mechanism to deal with judicial misconduct. Article 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct, and judges under investigation may be suspended on the advice of the Prime Minister after consultation with the Chief Justice, she said. In addition, she said, Article 125(3A) provides the Chief Justice with the power to refer any breach of ethics to the Judicial Ethics Committee established under the Judges' Ethics Committee Act 2010 [Act 703].
