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
