17-07-2025
Malaysia's sultans end meeting without naming new top judges, urge public not to speculate over judiciary crisis
KUALA LUMPUR: A highly anticipated announcement from Malaysia's royal rulers on top judges' appointments has failed to materialise, stirring a fresh round of uncertainty over the leadership vacuum in the judiciary.
The Conference of Rulers - the ceremonial heads of Malaysia's nine royal households - held talks with Prime Minister Anwar Ibrahim this week to discuss recommendations for top appointments to the judiciary.
On Tuesday (Jul 15), Anwar said that the rulers would announce the appointments the next day.
Government sources told CNA on Wednesday that the Conference of Rulers had reached an agreement and that the appointments would be formalised at the closing session on Thursday before an official announcement.
At around noon on Thursday, the Sultan of Selangor, who ranks as the most senior monarch in the Conference of Rulers and the chairman of this week's proceedings, issued a statement to confirm that the meeting had discussed the appointments of the Chief Justice, President of the Court of Appeal, Chief Judge of Sabah and Sarawak, as well as other judges of the superior courts.
Sultan Sharafuddin Idris Shah added that he supported the statement by the Istana Negara (National Palace) on Jul 10 regarding the power of the king to appoint these top judges on the advice of the prime minister and after consultation with the Conference of Rulers.
'The process provided for under the Federal Constitution must be carried out transparently and carefully, in order to uphold the rule of law and support the principles of justice that form the core of governance in this country,' the Sultan of Selangor said.
'In this connection, all parties are urged to refrain from making any speculation or unfounded accusations without complete and verified facts.'
However, there has been no formal announcement of any top judges' appointments as widely expected even though the Conference of Rulers had finished their three-day meeting at mid-day on Thursday.
This unusual development has provided yet another twist to a deepening political crisis that has been raging over allegations of political intervention in the appointment of senior judges following the retirement of Chief Justice Tengku Maimun Tuan Mat and President of the Court of Appeal Abang Iskandar Abang Ismail earlier this month.
Both had reached the retirement age of 66 on Jul 2 and Jul 3 respectively.
Anwar has been battling growing public pressure over allegations that his government was interfering in the senior appointments of leadership in the judiciary and that he was at odds with certain members of the Judicial Appointment Commission (JAC).
Under laws governing the appointment of top judges, the nine-member JAC - which was established in 2009 - proposes qualified jurists to the prime minister, who makes a final decision based on the recommendations.
His decision is then put up for consultation among heads of the country's royal households who make up the Conference of Rulers, before the King makes the appointment.
Malaysia's current monarch is Sultan Ibrahim Sultan Iskandar of Johor.
There was widespread speculation among lawyers and retired jurists that the Conference of Rulers had come to some agreement on the appointment of candidates proposed by the premier.
Some media outlets had speculated that Wan Farid Wan Salleh, a low-profile judge in the Court of Appeal, had emerged as the front-runner for the position of Chief Justice.
News of Wan Farid's supposed promotion immediately appeared to defuse tension that had been building over the possible appointment of Federal Court judge Terrirudin Mohd Salleh, the country's former Attorney General, for one of the top three positions in the judiciary.
Terrirudin, who served as the country's Attorney General for 14 months before being appointed to the Federal Court in November 2024, has been at the centre of the political storm whipped up by the crisis in the judiciary.
Last weekend, purported leaked confidential minutes of a JAC meeting in May alleged that his conduct as a judge raised serious questions about his suitability for high office in the judiciary.
Various politicians from both sides of the aisle, including Anwar's own daughter Nurul Izzah Anwar, have called for a probe into the allegations, while the police are also probing the alleged leak.
Even Anwar acknowledged on Tuesday that the delay in filling the top judicial vacancies had stirred public unease, but stressed that the announcement by the Conference of Rulers on the appointments would help 'dispel negative perceptions'.
'There are of course concerns expressed, and I must take note of that. First is the delay of appointment and secondly is the perception that some appointments to the key positions in the judiciary may be somewhat compromised,' he said in a speech at the International Conference on Governance and Integrity 2025 in the capital Kuala Lumpur.
To mollify growing public criticisms over the vacancies, the Anwar government had moved to make temporary appointments.
In a move that retired judges and lawyers noted was unprecedented in Malaysia's judicial history, the judiciary's third-most senior jurist, Hasnah Mohamed Hashim, who is the Chief Judge of Malaya, was appointed to assume the role of Chief Justice in an acting capacity until the position is filled.
In rapid succession, the Registrar of the Federal Court said that Federal Court judge Zabariah Yusof has been appointed acting President of the Court of Appeal until the position is filled permanently.
Zabariah turned 66 in April and following her six-month extension, she will retire in October. Hasnah, meanwhile, turned 66 on Tuesday and will retire later this year.
The prospect that two of the most senior positions in the judiciary would become vacant in the next six months has made the position of the Chief Judge of Malaya hugely crucial in the leadership succession in the judiciary.
That's because the candidate picked for the third most senior position in the judiciary would be in line for a top leadership role in the judiciary.
On Wednesday, various reports suggested that Terrirudin's name was not among those submitted by Anwar for the Chief Justice, Court of Appeal President and Chief Judge of Malaya posts.
However, with no official announcement on the top judges' appointments as of Thursday night, it is unclear whether there will be any further surprises ahead.
