Kuala Lumpur: The Malaysian Bar must heed the words of outgoing Chief Justice Tun Tengku Maimun Tuan Mat in upholding the rule of law and judiciary independence, nine former presidents of the Malaysian Bar said today.
In a statement issued by the former leaders of the professional body for lawyers, the nine noted the independence of the judiciary is often the first casualty in countries where authoritarianism thrived.
As the institution that stands between the people and any abuse of power by the state, the nine said the judicial branch would be a target of attack by any government with such leanings.
“We have done so in the past, and we must continue to do so.
“The Chief Justice has sounded the clarion call and we must respond accordingly,” they said.
Making reference to Tengku Maimun’s speech at the Opening of the Legal Year 2025, the nine said the former made it clear that constitutional supremacy is “here to stay” as stipulated under Article 4 of the Federal Constitution.
“Even Parliament, therefore, must act within its confines.
“The stark reminder by the Chief Justice was that our founding document, the Federal Constitution, cannot be amended at will, but must in all instances conform to the basic structure of the Federal Constitution,” they said, noting that recent citizenship law amendments are therefore open to challenge should they contravene the Constitution’s basic structure.
The nine former Malaysian Bar presidents also said the Malaysian judiciary has reached a point where it was internationally recognised for its independence thanks to years of painstaking rebuilding of its weakened structure.
They noted the pressures put on the judiciary in the last several years by external forces were “clear”, adding it was widely perceived that the previous three governments valued and respected judicial independence more than the current federal government.
“It is evident from the Chief Justice’s speech that we must be ever vigilant to preserve the independence of the judiciary.
“Any backsliding into the unfortunate past must be stopped immediately lest the country and its people pay the price once again,” they said.
They said it was of utmost concern and no coincidence that the Chief Justice had referenced the offence of interference in the judicial appointments process in her speech, further emphasising the importance of the onerous responsibilities of choosing the best candidates to serve as judges.
The statement was signed off by the eight, namely Zainur Zakaria, Datuk Mah Weng Kwai, Datuk Kuthubul Zaman Bukhari, Datuk Yeo Yang Poh, Datuk Ambiga Sreenevasan, Ragunath Kesavan, Datuk Lim Chee Wee, Steven Thiru, and Christopher Leong.
The nine of them also commended the “courageous words” of the Chief Justice and her unwavering commitment to her Oath of Office, to the Federal Constitution and to the Independence of the Judiciary.
