Cj S Tenure Not Tied To Pm S Feelings Ambiga Schools Nazri On Judiciary

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Former Malaysian Bar president Ambiga Sreenevasan has rebuked the notion that a chief justice’s future should hinge on whether the prime minister takes offence to their remarks, warning that such thinking poses a dangerous affront to judicial independence.
She was responding to former law minister Nazri Abdul Aziz, who attributed the non-extension of former chief justice Tengku Maimun Tuan Mat’s tenure to her speech in Malta in April, where she called for the removal of the prime minister’s role in judicial appointments.
“Firstly, the comments by Tengku Maimun in Malta are not personal. They were about how to strengthen the independence of the judiciary by reducing the role of the executive (and thus the prime minister) in the process.
“This has always been the position of the Bar, and in mature democracies, this is how it is done. Even in Malaysia, respected parties have shared this view.
“So why the sensitivity? As has been said, even if it is taken personally, offending the prime minister is not a ground to not extend the chief justice’s tenure,” Ambiga (above) told Malaysiakini.
Impeccable conduct
Ambiga praised Tengku Maimun’s Malta speech, describing it as courageous and principled in defence of judicial independence.
Former law minister Nazri Abdul Aziz“Saying what has to be said. Not once has she crossed the line or descended to any personal criticisms. She has at all times conducted herself impeccably and with grace without once sacrificing the dignity or independence of the judiciary,” she added.
In response to Nazri’s claim that Tengku Maimun’s remarks could undermine Prime Minister Anwar Ibrahim’s efforts to attract foreign investment, Ambiga dismissed the argument as misguided.
“A strong, learned and independent judiciary attracts more investment. Not one that is cowardly, subservient to the government and toothless or one that is afraid of hurting the feelings of those in power.
“Hence, we should be lauding Tengku Maimun for her courage, not punishing her.
“For those of us who have been through the 1988 (judicial) crisis and the (VK) Lingam (scandal) years, we are terrified that this is the retrograde path that we are now taking. From experience, if the judiciary is crippled it will take 20 to 30 years to fix. Is that what we want?” she asked.
ADSAmbiga also questioned the logic behind the decision, pointing out the lack of explanation for the non-extension of former Court of Appeal president Abang Iskandar Abang Hashim.
“This gives rise to the perception that perhaps they are both ‘too independent’,” she added.
Time and space for PM?
Ambiga also pushed back against the argument that Anwar should be given “time and space” to handle top judicial appointments, saying the excuse was weak.
“Retirement ages are fixed and well known in advance. There is no justification for any delay. Delays undermine the independence of the judiciary,” she noted.
Further, Ambiga said if indeed the prime minister still needs “time and space” to tender his advice on the top posts, then the more reason for the tenures of Tengku Maimun and Abang Iskandar to have been extended.
Ambiga cited the example of how 10 months had lapsed before Hasnah Hashim was sworn in as the chief judge of Malaya in November last year. Hasnah is now the acting chief justice following Tengku Maimun’s retirement.
“There have been many other appointments and confirmations of judges in the Federal Court, Court of Appeal and the High Court that have been delayed.
“According to the vice-president of the Malaysian Bar, Anand Raj, about 31 vacancies at all levels have not been filled. This number is rising, and we must note that the acting chief justice and the acting president of the Court of Appeal will also retire by year’s end.
“At this point, some High Court trials are scheduled for hearing in 2030! This situation is wholly unacceptable and will affect the confidence of the public in the judiciary. Sadly, all of this is happening under this government,” she added.
Judges remuneration
Ambiga noted that the public might not realise judges’ remuneration has not been revised in nearly a decade, a matter she said must also be urgently addressed.
At its 77th annual general meeting in March 2023, the Bar passed a resolution urging the formation of an independent commission to review judges’ remuneration.
The proposal stems from the conviction that judicial pay and benefits must be assessed routinely through a process that is transparent, impartial, and free from political interference.
Such a framework is essential to protect judges from any form of undue influence, whether real or perceived.
Dispelling perceptions
During the 24th Commonwealth Law Conference held in Malta, Tengku Maimun remarked that removing the prime minister’s involvement in judicial appointments could help dispel perceptions of political interference in the judiciary.
She disclosed that there have recently been proposals to amend both the Judicial Appointments Commission Act 2009 and the Federal Constitution to eliminate the prime minister’s role in the process.
In response, Nazri criticised her remarks, calling them inappropriate, particularly at a time when Anwar was actively travelling to attract foreign investment.
Former chief justice Tengku Maimun Tuan MatThe former minister also rejected the notion that Tengku Maimun was speaking in general terms and not specifically about Anwar.
“You are the sitting chief justice. Anwar is the sitting prime minister. So you must be referring to him,” he contended.
Earlier, Malaysiakini reported Lawyers for Liberty (LFL) co-founder Latheefa Koya urging Anwar to respond to Nazri’s claim. - Mkini

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