Malaysia

Judges’ Code of Ethics 2009 out of MACC’s purview: Sabah Law Society

Corruption a separate concept from conflicts of interest, notes president

Updated 3 years ago · Published on 07 Apr 2023 7:23PM

Judges’ Code of Ethics 2009 out of MACC’s purview: Sabah Law Society
Roger Chin says while the Sabah Law Society takes note of the statement of MACC’s Operation Review Panel chairman that when MACC receives a report or complaint on allegations of corruption, abuse of power or misappropriation, it is duty bound to investigate, it is still not entirely accurate. – SAIRIEN NAFIS/The Vibes file pic, April 7, 2023

KOTA KINABALU – The Judges’ Code of Ethics 2009 is not for the Malaysian Anti-Corruption Commission (MACC) to investigate or make a conclusion, said a Sabah law body.  

Sabah Law Society (SLS) president Roger Chin said MACC appeared to have missed that corruption is a separate concept from conflict of interest or breaches of the ethics code.

“Any complaint against a judge who is alleged to have committed a breach of the code of ethics shall be made in writing to the chief justice and may be investigated by the Judges’ Ethics Committee, not MACC. 

“In other words, MACC is in no position to investigate or make conclusions as to any alleged conflict of interest or breaches of the code of ethics, as it appears to have done,” he said in a statement today.  

Yesterday, Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said confirmed that MACC concluded that Nazlan had breached the judicial code of ethics.

Chin said SLS was alarmed by this as MACC’s function is to detect and investigate suspected offences, attempts to commit offences, and suspected conspiracies to commit offences under the Malaysian Anti-Corruption Commission Act 2009.

He added that the word “ethics” and the phrase “conflict of interest” do not appear even once in the act.  

On the other hand, he said, the Judges’ Code of Ethics 2009 is to state the basic standards to govern the conduct of all judges and to provide guidance to judges in settling and maintaining high standards of personal and judicial conduct.   

Chin said while SLS takes note of the statement of MACC’s Operation Review Panel chairman that, “when MACC receives a report or complaint on allegations of corruption, abuse of power or misappropriation, it is duty bound to investigate”, it is still not entirely accurate.  

“Whilst it is possible that certain actions may amount to, for example, both corruption and a breach of the code of ethics, MACC ought to be more cautious in its findings and conscious of its jurisdiction. 

“The SLS urges MACC and all other bodies or persons in power to be respectful of the separation of their respective roles, to avoid further damaging public confidence in Malaysian institutions, and not to unnecessarily interfere with each other.   

“SLS has and will always stand and march, when necessary, for the independence of the judiciary.” – The Vibes, April 7, 2023

Related News

Business / 1w

Maritime expert continues to seek updates on cargo report

Malaysia / 1w

MACC chief urges staff to confront weaknesses, learn from mistakes

Malaysia / 2w

Asset declaration: Why involve my 12-year-old son, asks Saravanan

Malaysia / 2w

MACC orders Saravanan, wife, and three children to declare assets

Malaysia / 3w

Abdul Azeez and children ordered to declare assets within a month

Malaysia / 3w

Najib’s house arrest does not end other legal battles, MACC probe to continue

Spotlight

Malaysia

Man kidnapped, tortured, and killed following misunderstanding

Malaysia

'I will never forget taxi drivers who backed me in my hardest times' - PM Anwar

Malaysia

Najib fails to secure stay of 15-year jail term, RM11.38b fine in 1MDB case

Malaysia

Ivana Smit’s mother considers Federal Court appeal after RM1.1m award overturned

Education

Schools in Negeri Sembilan, Melaka to reopen tomorrow as haze conditions improve

Malaysia

Zara Qairina inquest: Investigating officer says final findings showed no suspicious circumstances

Malaysia

Man jailed 8½ years for abusing three-year-old boy, forcing the child to eat faeces

World

Pope Leo XIV diagnosed with lung cancer after successful surgery

Malaysia

More than 3,000 Myanmar refugees set for repatriation after Malaysia secures breakthrough

You may be interested

Malaysia

'I will never forget taxi drivers who backed me in my hardest times' - PM Anwar

Malaysia

Malay Rulers urge outsiders not to interfere in Negeri Sembilan crisis

Malaysia

Govt challenges US excess-capacity concerns as 100% chip tariff threat looms

Malaysia

Johor, Sarawak top unhealthy air readings as 20 stations breach threshold

Malaysia

Teenager, 14, feared killed by lightning while fishing in Kelantan

Malaysia

Music royalty transparency reforms remain blocked by legal challenge - Amirzan

Malaysia

Man jailed 8½ years for abusing three-year-old boy, forcing the child to eat faeces

Malaysia

Twenty-one stations record unhealthy air as Zahid expects wind shift to ease haze