3 days ago
If the judiciary under the previous leadership reached new heights, why not under the new leadership? — Hafiz Hassan
JULY 20 — In 'Duty to uphold independence of judiciary' I wrote of the United Nations (UN) Basic Principles on the Independence of the Judiciary which was adopted by the Seventh UN Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from August 26 to September 6, 1985 and endorsed by General Assembly resolutions 40/32 of November 29,1985 and 40/146 of December 13, 1985.
Of the 20 basic principles, I explained that Malaysia's duty to uphold the basic principles of independence of the judiciary does not impose on it the duty to extend the tenure of retiring judges notwithstanding their impeccable integrity.
Any method of judicial selection must safeguard against judicial appointments for improper motives. — Picture by Hari Anggara
The duty is to select and appoint judges of integrity and ability with appropriate training or qualifications in law, without improper motives and discrimination.
Any method of judicial selection must safeguard against judicial appointments for improper motives.
The basic principles do not also impose a duty on member states, including Malaysia, to select and appoint judges based on seniority to lead the judiciary.
Accordingly, seniority is not a requirement for the position of Chief Justice (CJ), President of the Court of Appeal (PCA), and Chief Judges of the High Court of Malaya (CJM) and Sabah and Sarawak (CJSS).
Seniority is not a requirement under the basic principles and, importantly, under the Federal Constitution.
Let's be clear that the Federal Constitution does not specify requirements for a superior court judge to become CJ, PCA, CJM and CJSS.
Article 123 of the Federal Constitution only states that to serve as a judge of the superior courts, a person must be a Malaysian citizen with at least 10 years of experience as a lawyer or lower court judge.
So let's welcome and celebrate the announced appointees for the top offices of the judiciary.
After months of uncertainty and speculations, Malaysians must move forward with the judiciary under its new leadership.
If the judiciary under the previous leadership reached new heights, why not under the new leadership?
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
