The Kuala Lumpur Bar extends its profound admiration and unwavering support for the address delivered by the Right Honourable Chief Justice of Malaysia, Tun Tengku Maimun binti Tuan Mat, at the Opening of the Legal Year 2025. Her Ladyship’s reflections on the sacred duty of the Judiciary to uphold the Federal Constitution and the Rule of Law underscores the importance of judicial independence in our country’s democracy.
The Chief Justice’s speech illuminated the Judiciary’s role as an independent guardian of the Constitution, unyielding in its commitment to impartiality and justice. Her Ladyship’s insights into the challenges of modern judicial service—including the need to remain insulated from undue influence and political pressures—are a timely reminder that the integrity of the Courts is essential to the preservation of the public’s trust in our legal system.
A particularly salient point in Her Ladyship’s address is the call to reevaluate the mechanisms surrounding judicial appointments. Her Ladyship rightly highlighted the dangers posed by any perceived encroachment of the Executive into the Judiciary’s domain, emphasizing the critical need to reduce the Executive’s role in judicial appointments. As Her Ladyship observed, public confidence in the Judiciary hinges on its independence, both in perception and in fact. The consolidation of appointment powers in a single office undermines this independence and risks politicizing a process that must remain impartial and merit-based.
In this context, the Kuala Lumpur Bar reminds Prime Minister Anwar Ibrahim of his past commitments and assurances, given as leader of the Opposition at the time and now as Prime Minister, to uphold judicial independence and not allow a return to the dark ages. As the Chief Justice has pointed out, public trust in our judicial system depends on a clear and consistent separation of powers. Living up to these promises is not just a political obligation but a moral imperative to protect the foundations of our country’s democracy.
Her Ladyship’s reflections serve as a clarion call for reforms to the Judicial Appointments Commission (JAC) and the broader judicial appointment framework. A more robust and transparent process, free from political influence, is essential to safeguarding the Judiciary’s role as an independent and impartial arbiter. Judicial appointments must be based solely on merit, integrity, and the commitment to uphold the rule of law—qualities that ensure justice for all without fear or favour.
As YAA Tun Tengku Maimun binti Tuan Mat prepares for Her Ladyship’s well-earned retirement, the Kuala Lumpur Bar honours Her Ladyship’s legacy of judicial independence, transparency, and fairness. Under her leadership, the Judiciary has certainly made significant strides in restoring public trust in the judiciary and its role in upholding the rule of law.
The Kuala Lumpur Bar urges all stakeholders to act on Her Ladyship’s call for reform, particularly in strengthening the mechanisms of independence and transparency within the judicial institution.
Alvin Oh Seong Yew
Chairman
Kuala Lumpur Bar Committee
Chairman
Kuala Lumpur Bar Committee
Nimalan Devaraja
Honourary Secretary
Kuala Lumpur Bar Committee
8 January 2025