CJ Maimun reminds Anwar of his past criticism on appointment of judges

Chief Justice Tengku Maimun Tuan Mat has recalled remarks made by Anwar Ibrahim more than a decade ago when he was in opposition, in which the the prime minister lamented the political interference in the appointment of senior judges despite critical judicial reforms introduced by the then government.

Touching on judicial independence, Tengku Maimun cited speeches by Anwar and opposition MPs in the Dewan Rakyat in 2008 when debating the Judicial Appointments Commission Act 2009, which is considered a watershed in the appointment of senior judges.

She said that prior to the Act, the appointment of judges was "simplistic", with the prime minister proposing names to the Agong after consultation with the Conference of Rulers and the chief justice.

But she said even after the establishment of the Judicial Appointments Commission (JAC), Anwar was not convinced that it would restore the independence of the judiciary.

"He (Anwar) went on to observe that there is a perception that persons who had decided in favour of the government were promoted," she said at the Opening of the Legal Year 2025 in Putrajaya yesterday, in her final speech before stepping down as chief justice this year.

JAC was set up in 2009 to ensure an unbiased selection of judges for the prime minister's consideration, as part of reforms following the scandal involving prominent lawyer VK Lingam, who was caught on tape discussing the appointment of judges over the phone.

JAC, which proposes and evaluates judicial candidates for the superior courts, is made up of nine members - four senior judges, while the remaining five are appointed by the prime minister.

Tengku Maimun expressed hope that Anwar as prime minister "will remain true to those comments by continuing to unreservedly remain committed to upholding the cause of judicial independence".

'PM has too much power'

She said while Malaysia has made great strides in restoring the reputation of its judiciary since 2016, which has resulted in the country being ranked highly in global adherence to rule of law, there are still concerns that the prime minister "still has too much power in the appointment of judges".

She warned that the law only allows the prime minister and JAC to recommend names for appointments to the superior courts and that breaking this rule is tantamount to interfering in the operations of the judiciary.

"For this reason, no person, whether it be the president of the Malaysian Bar, any advocate or solicitor, any political party, the attorney-general or any other person for that matter has any business recommending names to the prime minister for appointment.

"And any name so considered on such improper advice runs the risk of being challenged via judicial review as being either unconstitutional or in breach of the law," she said.

Tengku Maimun said she had confidence in the integrity of the process of appointing judges involving JAC.

"If anyone has any reason to believe that we have not done this, then I would remind you that, as the law and procedure stand, the JAC again is only but one part of the appointments process and you should perhaps point the finger elsewhere."

Her comments came five months after concerns were raised over the appointment of former attorney-general Ahmad Terrirudin Salleh as a senior judge.

MalaysiaNow had reported at the time that Terrirudin's name was not among those recommended by Tengku Maimun Anwar. He was eventually appointed a Federal Court judge in November last year.

Just a week after Anwar came to power, the Conference of Rulers raised concerns about the prime minister's powers to appoint senior judges, where it said JAC in its present composition had weaknesses, and called for a more balanced composition so that appointments were not biased towards any parties.

"To ensure the independence of JAC in carrying out its responsibilities, I propose that the appointment of its five members should not be made by the prime minister," Negeri Sembilan ruler Tuanku Muhriz Tuanku Munawir had then said.

"Instead it should be given to other institutions such as the Malaysian Bar Council, the Sabah Law Society, the Sarawak Bar Association and the Parliamentary Select Committee."