PETALING JAYA: Malaysia’s justice system is faltering under persistent court delays, with public confidence at risk, warned former Malaysian Bar president Salim Bashir, who called for urgent reforms to ensure swift and fair proceedings.
He said the justice system has long struggled to cope with growing case backlogs, a problem that has worsened in recent years despite ongoing efforts to accelerate proceedings.
He warned that without urgent reforms, civil and criminal cases risk being delayed or mishandled, further undermining public trust in the courts.
“It is undeniable that both delayed and rushed hearings defeat justice.
“The courts need mechanisms that allow for efficient disposal of cases without compromising fairness for all parties.”
He emphasised that justice must not be perceived as inaccessible or intimidating.
“We do not want the public to walk away with the false notion that the litigation process, whether civil or criminal, is ‘out of reach’.
“Access to justice must be seen as a right, not a hurdle.”
Backlogs remain a major challenge, echoing global trends.
Salim added that despite ongoing efforts to accelerate case disposal, bottlenecks continue to “choke the passageways”.
He explained that the causes are multifaceted as judges often juggle civil and criminal cases, chamber work and open-court trials.
Transfers further complicate the process, with some judges forced to manage part-heard cases in their new postings while concluding old matters in their previous stations.
“This inevitably leads to delays.”
Salim urged the judiciary to appoint more judges with specialised expertise, arguing that subject-matter specialists could adjudicate more efficiently and deliver stronger, faster decisions.
“Arbiters who have earned reputations in certain areas of law could demonstrate refined legal acumen and jurisprudence.
“A trained and expert adjudicator is able to fast-track trials, regulate proceedings fairly and write sound judgements faster without having to devote substantial time learning unfamiliar areas of law.”
He also recommended early judicial involvement in civil suits, allowing judges to understand contentious issues from the outset and encourage settlement through court-assisted mediation.
“Judges must be trained with mediation skills to listen, mediate and resolve disputes without being adversarial,” he said.
He added that lawyers often welcome interactive, non-coercive environments that help parties reach amicable settlements without compromising client interests.
Salim further recommended that courts employ trained transcribers during trials to prevent judges from being slowed down by the need to type or write notes.
“Judges should not be bogged down by note-taking. It slows witness testimony and contributes to trial delays.”
He acknowledged that the chief justice has introduced decisive measures and structural reforms aimed at modernising the system.
He expressed hope that these reforms, combined with long-term systematic overhaul, would enable Malaysia’s judiciary to strike a healthy balance between speed and fairness.
