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KUALA LUMPUR — The MADANI government has taken note of the concerns raised by the Malaysian Bar through the ‘Walk to Safeguard Judicial Independence’ and is committed to addressing the issue responsibly and transparently within the framework of the Federal Constitution.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (picture) said as an effort to increase transparency in the appointment procedure of Superior Court Judges, the government announced the implementation of a Comparative Study of the Judicial Appointment System by the Legal Affairs Division of  Prime Minister’s Department last week.

She said the study aims to provide better clarity on the role of the Judicial Appointments Commission (JAC) and also to address the issues raised by the Malaysian Bar.

“The government is always open to the views of all parties, including the Malaysian Bar, who will also be invited to join in this study, to ensure a more transparent, integrity-based and trusted judicial appointment system for the people.

“In addition, issues raised by the Malaysian Bar should be considered within the framework of the Federal Constitution, the Judicial Appointments Commission Act 2009 [Act 695] and other laws in force,” she said in a statement today. 

Therefore, she said, all quarters should continue to respect the role of the constitution, which is the core of the country’s judicial independence.

Azalina said the Federal Constitution has established a clear mechanism to deal with judicial misconduct.

Article 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct, and judges under investigation may be suspended on the advice of the Prime Minister after consultation with the Chief Justice, she said.

In addition, she said, Article 125(3A) provides the Chief Justice with the power to refer any breach of ethics to the Judicial Ethics Committee established under the Judges’ Ethics Committee Act 2010 [Act 703].

She said Article 125(3B) allows for the establishment of a written code of ethics to set high standards of conduct and integrity for judges, while the Judges’ Code of Ethics 2009 [P.U. (B) 201/2009], which has been in force since July 1, 2009, is also an important reference for setting clear and legally binding standards of conduct for judges.

“This ethical framework aims to ensure that the judiciary is free from political or external influence, thereby guaranteeing the supremacy of the Constitution and the rule of law. This process means that the Executive and the Legislative Bodies cannot interfere in issues of judicial ethics,” she said, adding that this independence is essential to maintaining public confidence in the country’s justice system. — BERNAMA

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