PETALING JAYA: The individual set to be appointed as Malaysia’s new chief justice must embody the highest standards of integrity, competence and impartiality, qualities that legal professionals say are crucial to maintaining public trust in an independent judiciary.
With growing scrutiny over the selection process, they caution that the appointment must be free from political influence and made through a transparent process.
Lawyer Datuk Baljit Singh Sidhu said recent developments and media scrutiny have highlighted the need for judicial candidates to possess unimpeachable integrity and a clean record.
“At the end of the day, it is crucial that the Judicial Appointments Commission (JAC) provides proper feedback and recommendations based on merit, integrity and competency.”
He said while Article 122B of the Federal Constitution provides for the appointment of the chief justice by the Yang di-Pertuan Agong, the process must be guided by transparency and the rule of law.
“This appointment is crucial not just for the judiciary but for society at large to ensure continued confidence in the judicial system and its independence.”
Baljit said appointing the right person based on merit would reflect the government’s commitment to the rule of law and send a positive message to the public.
“It’s not just about filling a vacancy, it’s about ensuring that the judiciary moves forward with the right leadership.
“The current prime minister is perhaps the best person to appreciate the true meaning of judicial independence, having himself undergone the full rigour of the legal process.
“The public must not feel that there were any backroom dealings or hidden agendas. Transparency in the process is key to preserving trust in the judiciary.”
Prime Minister Datuk Seri Anwar Ibrahim had said on Tuesday that the appointment of the chief justice and other top judicial positions would be announced by the Conference of Rulers on Wednesday.
However, as of press time, no official announcement has been made.
Former Malaysian Bar president Salim Bashir said a chief justice and other judicial appointees must possess a wide range of qualities, including a keen understanding of the judiciary’s challenges.
“The appointee must be a person of the highest integrity, with a firm adherence to judicial ethics, someone who is independent-minded and demonstrates a strong commitment to constitutional values and the rule of law.”
He said candidates should have a strong jurisprudential background, the ability to produce high-quality judgments and command the respect of both judges and the legal fraternity.
“Moving forward, with a growing number of high-profile and potentially controversial cases, some with political undertones, the stakes for judicial independence are extremely high.”
Salim said the appointments present an opportunity for the judiciary to show its independence and reflect the government’s commitment to reform.
“Public confidence will be diminished if it is not perceived as independent in fact and in appearances.”
Constitutional law expert associate professor Datuk Dr Wan Ahmad Fauzi Wan Husain said the issue surrounding the chief justice appointment does not directly affect judicial independence as defined under the Constitution.
He said Article 122B provides that judges are appointed by the Yang di-Pertuan Agong on the prime minister’s advice, after consultation with the Conference of Rulers.
“Before the prime minister tenders his advice, he is also required to consult the chief justice, and when necessary, the Court of Appeal president, chief judges and the chief ministers of Sabah and Sarawak.”
Wan Ahmad said there is no constitutional provision requiring the prime minister to consult JAC, nor does any federal law limit his discretion in the matter.
