PUTRAJAYA: Chief Justice Tun Tengku Maimun Tuan Mat expressed hope today that those responsible for the appointment of judges to remember their commitments to their oaths and duties under the Federal Constitution.
Tengku Maimun said the public cannot be expected to have confidence in the judicial institution, no matter how hard judges work, if the prevailing public perception was that appointments or elevations are based on favouritism.
“Making the irredeemable mistake of rendering one decision coloured with bias, or appointing one candidate that is only chosen as a favour, throws into question the integrity of the entire Judiciary.
“None of the decisions delivered after that will engender the public’s confidence and trust, even if that decision is absolutely correct on the facts and the law,” she said in her speech at the Opening of the Legal Year 2025 here.
With her tenure slated to end in July, Tengku Maimun said she was hopeful that those responsible for judges’ appointments would continue to hold true to past comments or commitments made regarding the fair, independent and unadulterated appointment of judges.
Still on the topic of judicial appointments, Tengku Maimun gave a reminder that anyone who interferes with or attempts to interfere with the independent functions of the Judicial Appointments Commission (JAC) would be committing a crime.
Section 34 of the JAC Act 2009 states that a person found guilty of influencing or attempting to influence the JAC would be liable to a fine not exceeding RM100,000, imprisonment of not more than two years, or both.
The JAC Act statutorily prescribed selection criteria for potential candidates for judicial appointments where the JAC also reviews the performance of sitting Superior Court judges and recommends them for elevation or promotion.
“What is clear from the constitutional provisions on the appointment of judges read with the supplementing procedure in the JAC Act is this – no person other than the JAC and the Prime Minister can recommend candidates for appointment to all posts in the Superior Courts.
“Any form of circumvention of these provisions could render those appointments either unconstitutional or in breach of written law.
“For this reason, no person, whether it be the president of the Malaysian Bar, any advocate or solicitor, any political party, the attorney-general or any other person for that matter has any business recommending names to the prime minister for appointment,” Tengku Maimun said.
She also cited the VK Lingam Tapes and noted that when the incident sparked a furore in 2008 and drew widespread criticism over the lack of transparency and potential executive interference in judicial appointments.
The VK Lingam Tapes refers to a scandal that led to the disbarment of once prominent lawyer Datuk VK Lingam after he was caught on video allegedly discussing the bribery of several senior judges in 2001.
“I am certain that now, as prime minister, Datuk Seri Anwar Ibrahim and his government will remain true to those comments by continuing to unreservedly remain committed to upholding the cause of judicial independence,”Tengku Maimun said.
