PUTRAJAYA, Jan 9 — Malaysia should allow its judges to retire at the later age of 70 instead of the current constitutional age limit of 65, the Malaysian Bar proposed today.
Malaysian Bar president Karen Cheah noted that many other countries have set the retirement age for judges at 70 years old, and that some countries have proposed for the retirement age to be increased to 75 or even 80 years old.
“Another important reform which the Malaysian Bar believes will strengthen the judiciary and retain the nation’s talent is to increase the age of retirement of judges to 70. The current age of retirement for judges stands at 65 under Article 125 of the Federal Constitution,” she said in her speech at the Opening of the Legal Year 2023 at the Putrajaya International Convention Centre.
“The Malaysian Bar urges the government to make constitutional amendments to give effect to this important reform,” she added.
Cheah also suggested that Malaysia introduce a Judges Remuneration Tribunal to make revisions to judges' salaries and allowances, as the current structure ---- which is at the will of the executive and legislative branch of government ---- is not ideal.
Cheah said the setting of the right salary levels will ensure that the very best of the nation's talent are attracted and retained to be part of the judiciary, while also preserving the judiciary's independence.
In her lengthy speech, Cheah also reiterated the call for the Judicial Appointments Commission Act be amended to either remove or limit the powers of the prime minister in the process of selecting and appointing judges, and to also make the necessary amendments in the Federal Constitution to help ensure independence of the judiciary.
Later when asked about the Malaysian Bar's proposal for judges to be allowed to work for more years before compulsory retirement at the proposed age of 70, Tengku Maimun said judges have not discussed this matter collectively.
"There's no decision taken collectively by judges on extension of the retirement age, but I suppose there's no harm in exploring the matter and if some judges feel that the current age now is an ideal age, we can always retire early and not wait until the mandatory retirement age," she told reporters at a brief press conference here.
As for Cheah's proposed new method of setting salaries for judges, Tengku Maimun said she had not made any moves to increase judges' salary since she came into office as chief justice in 2019, but understood that there were two previous revisions which originated as proposals from the judiciary and which were approved by the government. She also said the Malaysian Bar's proposal did not involve the judiciary's input.
Removing the PM's role in judicial appointments
Asked about the Negri Sembilan ruler Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir's November 30 proposal to remove the prime minister's role in appointing members of the JAC ---- a panel which nominates potential new judges, the chief justice said the judiciary welcomes any ideas that would improve the workings of the JAC or the judiciary as a whole.
But she stressed the need for meaningful efforts, including the amendment of the Federal Constitution to remove the prime minister's role in the process of the appointment of judges.
"So anything that is going to improve the institution --- be it the judiciary or the JAC --- we have no issue, we will welcome, but what needs to be done is there must be meaningful engagement with all stakeholders so that we can get overall views, and what is the best way to move forward to ensure the efficiency of these institutions would be enhanced," she said.
Even before the Negri Sembilan ruler's proposal, the judiciary had also been asked to give its views to a task force ---- which was probing former attorney-general Tan Sri Tommy Thomas's book ---- on the task force's recommendations to improve the process of appointing judges.
"In response to that recommendation, we had in fact suggested that if at all, there should be amendments made to the Federal Constitution as well," she said.
In welcoming ideas to improve the existing judicial appointments system, Tengku Maimun said: "Just that our view is that if the JAC Act is to be amended or improved, then provisions regarding the appointment of judges in the Federal Constitution have to be looked at, so that what is in the JAC Act and the Federal Constitution are aligned.
"So in other words, we won't achieve the situation where the appointment of judges is fully free from the executive, if provisions in the Federal Constitution which provide that the appointment of judges which requires the process of consultation with the prime minister still remains," she said.
Hopes for new govt to consider Judicial Academy
Earlier in her speech, Tengku Maimun noted that the government had previously agreed to establish an independent Judicial Academy for the training needs of superior court judges --- typically referring to judges at the High Court, Court of Appeal and Federal Court ----but was made to understand that there have been some "glitches in the works" and hope this could be seriously looked into to enable this proposal to materialise.
Later when asked at the press conference, she noted the previous government had initially approved in principle the allocation of land in Nilai for the establishment of the Judicial Academy along with a magistrate's court there, but that this was changed in the final decision due to "financial implications".
Due to the financial implication reason, the government decided judges should instead go to the Judicial and Legal Training Institute (ILKAP), she said.
But she pointed out the lack of understanding of the nature of superior court judges who should and can never be equated with judicial and legal officers who attend ILKAP, stating: "We are a branch of government, we are not part of government officers. And it has never been the case where superior court judges attend courses in ILKAP for training purposes, so it doesn't make sense for superior court judges now to attend courses there."
Instead, the judiciary has instead been carrying out its own ad-hoc training where judges from the Federal Court and Court of Appeal are appointed to train judges within the Palace of Justice, but said the judiciary had envisaged to have a proper setup for the Judicial Academy with its own building, director, staff and proper curriculum for training of superior court judges.
With the judiciary having already written to communicate to the previous government that it was against the judiciary's independence being subjected to that existing institute ILKAP meant for judicial and legal officers, she said: "We hope with our comments on that proposal, the new government will look into our feedback and would approve the concept as it originally was."
