Asked on Tuesday if she had ever experienced judicial interference, Tengku Maimun said “never” during her tenure at the High Court and the Court of Appeal.
“Unfortunately, towards the end of my tenure as a chief justice, there was a bit of semblance of attempted interference,” she said.
“But then again, it all depends on the judges. There may be interference, left, right, centre, but if you ignore them, nothing will happen, and the judiciary will remain intact and judicial independence will be upheld,” said Malaysia’s first female chief justice, who was appointed in May 2019.
Addressing the broader issue of transparency in the appointment of top judges, Tengku Maimun said it was “unfortunate” that the JAC meeting minutes were leaked.
“We have a ‘transparency problem’ because there is a specific provision in the JAC Act that prohibits communication of whatever matters that were discussed in the JAC to anybody outside,” she said.
“So in that sense, due to the existence of that secrecy provision, which some argue is harsher or stronger than the Official Secrets Act, therefore there is no transparency there.”
On Jul 15, Law Minister Azalina Othman Said said the government will look into amending the JAC Act 2009 to prevent confusion in the process of appointing judges in the country.
“There will be a comprehensive discussion. I have also invited the Bar Council to be involved from the early stages, to provide balanced perspectives and views,” she reportedly said.
PM’S INVOLVEMENT IN JUDICIAL APPOINTMENTS
For years, the Malaysian Bar Council – the body that represents the country’s advocates and solicitors – has advocated for reforms to the JAC Act.
These include amendments to reduce the judge-centric composition of the JAC for greater diversity, as well as to review the role of the executive in the judicial appointments process.
https://www.channelnewsasia.com/asia/malaysia-judge-appoint-anwar-chief-justice-tengku-maimun-5302446
