Malaysian Bar's Press Release: Appointment of the Chief Justice

It is precisely to overcome any hint of subjectivity or collateral purpose in the appointment of Judges (including the Chief Justice) that the Bar Council and other organisations have pressed for the establishment of a Judicial Appointments Commission. That remains the step forward that the nation awaits.

In the absence of such a Commission, it is hoped that the applicable criteria which represent the acceptable norms in such an appointment will guide the selection process of the important position of the Chief Justice, which becomes vacant on 18th October 2008.

Seniority in terms of the position currently held is one criterion. Seniority in terms of the years of experience on the Bench is another important consideration. Other factors relate to ability and competence, which are often reflected in the quality and number of judgments written. Integrity, judicial temperament, and a demonstration of independence are also vital qualities.

It must not be forgotten that it is the Chief Justice who sets the tone in the Judiciary and guides its direction. He heads the third branch of Government, and hence a critical national institution. He must therefore enjoy the confidence of Malaysians, the consumers of the justice system.

It is also imperative that the Chief Justice be a person who is widely perceived to be above and independent of any political alliances or influences. This is all the more critical at this time when the nation faces many political challenges. When all else may seem to be in a state of flux and confusion, an independent Judiciary stands above the fray, giving the nation’s citizens a sense of security and stability that justice will continue to be administered in accordance with the rule of law, no matter what the circumstances.

In the appointment of the Chief Justice, the constitutional process of consultation with the Conference of Rulers is critical. It draws on the wealth of the Rulers’ wisdom and experience and raises the process above partisan politics. In short, it provides an essential check and balance in the appointments and promotions of judges.

Dato’ Ambiga Sreenevasan
President
Malaysian Bar
9 October 2008