A former Malaysian Bar president has come to the defence of Chief Justice Tun Tengku Maimun Tuan Mat (main image) following criticism over her speech at the 24th Commonwealth Law Conference in Malta on April 8, which touched on judicial appointments.
Salim Bashir Bhaskaran said those who had criticised Tengku Maimun should first understand her intentions.
“When the call for reforms of the Judicial Appointments Commission (JAC) Act and a suggestion to downsize the prime minister’s role in the appointment of judges comes from a sitting chief justice — who is also the chairperson of the JAC — it should be well received,” said Salim.
“Her views should not be met with unwarranted criticism and shallow, impulsive responses.”
Tengku Maimun was invited by the Commonwealth Lawyers Association to share Malaysia’s perspective on the topic of “Judicial Independence and Parliamentary Sovereignty – A Colossi of Roads?”
In her speech, she said: “Of late, there have been proposals to amend the Judicial Appointments Commission Act 2009 and the Federal Constitution to remove the role of the prime minister in the appointment of judges. Such changes, in my view, would reinforce the impartiality of the selection process, ensuring that judicial appointments remain firmly grounded on merit and free from any perception of political influence.”
On Sunday, former Law Minister Datuk Seri Nazri Aziz was quoted as saying Tengku Maimun’s remarks were unprofessional, had embarrassed Malaysia, and tarnished the image of Prime Minister Datuk Seri Anwar Ibrahim.
Nazri also claimed that as Chief Justice, Tengku Maimun should not have issued statements that implied the prime minister had meddled in the nation’s judicial affairs. Nazri, who recently ended his stint as Malaysia’s ambassador to the United States, also called for stern action to be taken against Tengku Maimun.
Salim, however, said the composition of JAC members is crucial to ensure judicial appointments remain apolitical and free from influence or interference.
“It’s possible that the current methods of JAC selection, nominations, and appointments of judges are not as rosy as they appear — hence the need for fresh suggestions and worthy ideas.
“The old ways must yield to new concepts in the marketplace of ideas,” he said.
Salim added that an independent judiciary is essential to the rule of law, and judicial independence could be compromised if care is not taken to protect and preserve it.
“When the judicial system is correctly calibrated and the law applied by judges fearlessly and without favour, it reinforces the need for judicial security of tenure, transparent appointment processes, and proper remuneration — all of which are critical to ensuring that judges uphold their independence and oath of office,” he said.
Salim also pointed out that Tengku Maimun’s views were not new.
“It’s worth noting that similar calls for reform have been raised at various forums in the past — not only by Her Ladyship but also by other stakeholders,” he said.
In her speech in Malta, Tengku Maimun also emphasised the supremacy of Malaysia’s Federal Constitution and the importance of an entirely independent judiciary. She also revisited the 1988 constitutional crisis that led to the sacking of the late former Lord President, Tun Salleh Abas.
“Despite the harrowing events of the 1988 crisis, the Malaysian Judiciary has reclaimed its independence and has restored itself as the only independent defender of the Federal Constitution,” she said.
