KUALA LUMPUR, July 15 — The federal government is committed to transparently handling the issue of judiciary independence, minister Datuk Seri Azalina Othman Said said today.
Azalina said this following the Malaysian Bar’s 2.6 kilometre walk yesterday to the Prime Minister’s Office in Putrajaya, where the Malaysian Bar’s 65-page memorandum was successfully delivered to the Prime Minister’s representative.
“In relation to the ‘Walk to Safeguard Judicial Independence’ by the Malaysian Bar, the Madani Government takes note of the concerns raised and stresses its commitment to tackle this issue responsibly and transparently, based on the Federal Constitution,” the minister in the Prime Minister’s Department for law and institutional reforms said in a statement today.
Azalina also highlighted the government’s announcement last week of a new study to compare how judges are appointed in other countries, and said the Malaysian Bar will be invited to join this study.
“This study is to provide better explanations about the role of the Judicial Appointments Commission (JAC) and at the same time tackle some of the issues also raised by the Malaysian Bar.
“The government is always open to the views of all parties including the Malaysian Bar, which will also be invited to join this study, to ensure a judicial appointments system that is more transparent, with integrity and credible to the public,” she said.
Azalina was referring to the preliminary comparative research which the Prime Minister’s Department’s Legal Affairs Division (BHEUU) will be conducting together with two parliamentary special select committees of the Dewan Rakyat and the Dewan Negara.
Azalina said the issues raised by the Malaysian Bar should be viewed in line with the Federal Constitution, the Judicial Appointments Commission Act 2009 and other laws that are in force in Malaysia.
“Therefore, the government urges all quarters to continue to respect the roles and constitutional process which form the foundation of the judiciary’s independence,” she said.
The Malaysian Bar’s walk yesterday was to ask the government to look into alleged interference in Malaysia’s judiciary, among other things.
What happens if judges allegedly commit misconduct?
Earlier in the same statement, Azalina also explained the existing mechanisms under the Federal Constitution that can be used to tackle misconduct by judges.
She cited Article 125(3) of the Federal Constitution and Article 125(4), which she said empower the Yang di-Pertuan Agong to set up a special tribunal to investigate allegations of misconduct and that the judge being investigated can be suspended on advice given by the prime minister after discussing with the Chief Justice.
She also cited Article 125(3A), which she said provides the Chief Justice with the power to refer any breach of the Judges’ Code of Ethics to the Judges’ Ethics Committee.
She cited Article 125(3B), which she said enables a written code of ethics to set high standards for judges’ conduct and integrity.
She noted the Judges’ Code of Ethics 2009, which has been in effect since July 1, 2009, is also an important reference to set clear standards for judges’ conduct.
Azalina said this ethical framework is intended to ensure the judiciary is free from political influence or external influence, while also ensuring constitutional supremacy and the rule of law.
“This process means the executive body and the legislative body cannot interfere in issues of judicial ethics. This independence is important to maintain the public’s confidence towards the country’s judicial system,” she said, referring to the three branches of government, namely the judiciary, the executive and the legislature.
