IT is widely perceived that the previous three governments valued and respected judicial independence more than the current government, said nine former Malaysian Bar presidents.
“The pressures put on the Judiciary in the last several years by external forces were clear to many of us who know the signs only too well.
“It is evident from the outgoing Chief Justice of Malaysia, Tun Tengku Maimun Tuan Mat's speech that we must be ever vigilant to preserve the Independence of the Judiciary.
“We have arrived at a point where the Malaysian Judiciary is internationally recognised for its independence, putting the country in the best position to attract investments.
“This is a result of years of the painstaking rebuilding of its weakened structures.
“Any backsliding into the unfortunate past must be stopped immediately lest the country and its people pay the price once again,” they said in a statement.
The statement was signed by 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 three previous governments were led by former prime ministers Datuk Seri Ismail Sabri Yaakob, Tan Sri Muhyiddin Yassin, and Tun Dr Mahathir Mohamad.
“As pointed out by the Chief Justice, Judges serve a higher calling requiring not just excellent qualifications, but a special temperament and an ability to hand down judgments without fear or favour and without succumbing to pressure.
“It also requires a sterling character, integrity and courage.
“Hence, the importance of the Judicial Appointments Commission (JAC) and its onerous responsibilities of choosing the best candidates to serve as Judges cannot be emphasised enough,” said the nine.
Referring 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.
They also said that as members of the Malaysian Bar, they have a statutory duty to uphold the rule of law and the Independence of the Judiciary.
“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 added. - January 23, 2025
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