PUTRAJAYA, Jan 8 (Bernama) — Chief Justice Tun Tengku Maimun Tuan Mat has expressed confidence that Prime Minister Datuk Seri Anwar Ibrahim and his government will remain committed to upholding judicial independence.
She recalled that 15 years ago, before the Judicial Appointments Commission (JAC) was established, Anwar, as the then opposition leader had raised concerns about the lack of transparency and potential executive interference in judicial appointments.
She said Anwar’s observation back then directly addressed the fundamental aspect of judicial independence.
She said despite various criticisms levelled against the Judicial Appointments Commission Act 2009 (JACA) during the debates prior to its passing, the Act remains in force.
“I have been an ardent and firm believer in the independence of the judiciary, including the appointment of its judges. Hence I have steadfastly observed all the principles espoused in the Federal Constitution and the JACA 2009,” she said in her speech at the Opening of the Legal Year 2025 today.
Tengku Maimun said JACA, as clarified by the previous government when moving the Bill, was not to change the constitutional mechanisms of appointment of judges, but to further streamline and enhance the selection of candidates for judicial appointment.
“The provisions of the JACA 2009 and the establishment of the JAC is seen as a measure to supplement and complement the constitutional provisions on the appointment of judges of the superior courts,” she said.
Tengku Maimun also said that based on the constitutional provisions on the appointment of judges, no persons other than the JAC and the Prime Minister can recommend candidates for appointment to judges’ posts in the superior courts.
She said any form of circumvention of the provisions could render the appointments either unconstitutional or in breach of the law.
Therefore, she added that no individual, whether it be the president of the Malaysian Bar, any advocate or solicitor, any political party, the Attorney General or any other person, has any business recommending names to the Prime Minister for appointment.
She said any person who interferes with or attempts to interfere with the independent functions of the JAC commits an offence and if convicted would be liable to a fine not exceeding RM100,000 and imprisonment for not more than two years, or both.
Tengku Maimun said aspiring candidates must apply to the JAC for appointment as judicial commissioners and the JAC also reviews the performance of sitting superior court judges and recommends them for elevation or promotion.
She said those decisions had always been made by a majority vote through a secret ballot if there was no consensus.
“In all my time as a member of the commission, I have not once interfered in the process. The candidate who gets recommended is therefore not the sole choice of the Chief Justice but either the choice of the majority or the collective decision of the JAC,” said Tengku Maimun, who is also JAC chairman.
She said the names of selected candidates are forwarded to the Prime Minister for appointment in accordance with the provisions of the Federal Constitution.
“The JAC Act 2009 does, however, allow the Prime Minister to not accept the candidates recommended by the JAC for appointments. In such cases, the Prime Minister can request for two more candidates,” she added.
Tengku Maimun said that as Chief Justice, she had been criticised, vilified and labelled un-Islamic or an enemy of Islam and her husband had been targeted in some court cases in an attempt to call for her recusal as well as to embarrass her and her colleagues.
As she nears the end of her tenure in July this year, she expressed hope that those responsible for the appointment of judges would remember their commitments to their oaths and duties under the Federal Constitution and continue to hold to past comments or commitments that they may have made regarding the fair, independent and unadulterated appointment of judges.
— BERNAMA
