Malaysia's Top Judge Warns Against Interference in Judicial Selection

Chief Justice Tengku Maimun Tuan Mat has reminded Prime Minister Anwar Ibrahim of his past assertions as opposition leader that the premier should not have ultimate discretion in appointing judges, even as Malaysia's judiciary heads into a crucial crossroads.

- Shannon Teoh

The remarks by the country's top judge, who also warned against external interference in the selection process on Jan 8 during her opening speech of the legal year, come on the back of controversial judicial appointments in 2024.

These developments are being watched closely by the local legal fraternity and wider investment community as 2025 will see a slew of important vacancies. Three quarters of the 12-strong Federal Court, including the Chief Justice, are due for mandatory retirement at age 66.

In her speech, Tun Maimun referred to then opposition leader Anwar's view when debating the Judicial Appointments Commission Act (Jaca) in Parliament in 2008 that the proposed law "was not enough to restore the independence" of the judiciary.

"He went on to observe that there is a perception that persons who had decided in favour of the government were promoted," she said in her last officiating speech for the legal year before retiring in July.

According to the parliamentary Hansard, Datuk Seri Anwar had argued then that the "power to appoint and remove is so rigidly and tightly handed to the prime minister's discretion" - a position taken by other critics of the Jaca, including the Bar Council, which leads the Malaysian Bar of more than 20,000 lawyers.

"That said, what is clear... is this - no person other than the JAC (Judicial Appointments Commission) and the prime minister can recommend candidates for appointment to all posts in the Superior Courts," added Madam Maimun.

"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."

Much of the controversy over judicial appointments in 2024 revolved around the nearly nine-month-long vacancy for Chief Judge of Malaya (CJM), the third-highest office in the judiciary.