Transparency International Malaysia (TI-M) wishes to express our profound concern over recent narratives surrounding the recent judicial appointments in Malaysia. In particular the protracted delay and the perceived lack of transparency as to the manner of judicial appointments have shaken public confidence in the independence of the judiciary being part of the fundamental doctrine of separation of powers as enshrined in the Federal Constitution.
While TI-M acknowledges the resolution of the judicial leadership vacuum through the appointments of Datuk Wan Ahmad Farid as Chief Justice and Datuk Abu Bakar Jais as President of the Court of Appeal, the manner in which these decisions were reached continues to raise questions in the public’s perception, mainly around the issue of whether political considerations may have influenced how the appointments were finally made. As history has taught us—most notably during the 1988 Judicial Crisis—the independence of the judiciary, once compromised, can take generations to restore. That episode, which saw the removal of the then-Lord President and several Supreme Court judges under executive pressure, inflicted a long-lasting wound on the justice system and severely eroded public trust. Subsequently the “Lingam Tape” scandal in the 2000s, which exposed apparent political meddling in judicial appointments, further reinforced the need for robust, transparent, and depoliticised mechanisms in the selection of judges.
Following these dark chapters, Malaysia took corrective steps. The formation of the Judicial Appointments Commission in 2009 was intended to insulate judicial selection from political interference and restore integrity to the process. In recent years, particularly under the stewardship of outgoing Chief Justice Tun Tengku Maimun Tuan Mat, the judiciary has been viewed as regaining its independence and credibility. Her principled leadership—across four different prime ministers—reinforced the notion that the judiciary must remain impartial, irrespective of the political tides.
It is therefore imperative that we do not allow hard-won gains to be reversed. Judicial independence is not negotiable. It is the bedrock of a functioning democracy, the guardian of civil liberties, and the ultimate bulwark against abuse of power. Any actual or perceived interference in judicial appointments must be addressed with urgency, transparency, and a renewed commitment to constitutional safeguards.
In this regard, TI-M calls for the following:
•Transparency in the Appointment Process: To the extent permitted by law and in furtherance of good governance, we urge the government to explain to the public the process of how judicial appointments are made and the role of the JAC and how its members are appointed and to clearly demonstrate from a process point of view how political or other interference concerns are addressed.
•Reinforcement of the JAC’s Mandate: The current framework, which appears to grant to the Prime Minister significant discretion and involvement in the process of judicial appointments should be reviewed. We support calls for legislative reform to enhance the JAC’s authority and introduce safeguards to depoliticise the process. In this regard we welcome the Minister of Law and Institutional Reform’s announcement of a comparative review of Malaysia’s judicial appointment system. The study for reforms must not be symbolic—it must result in enforceable change that institutionalises transparency, integrity, and independence in judicial governance.
As a word of caution we echo the strong reminder on the Executive to show genuine respect for the doctrine of separation of powers by observing established institutional processes and resisting any temptation to influence the judiciary for political expediency. In parallel, we call on civil society, legal professionals, and the rakyat to remain vigilant and vocal in defence of judicial independence.
Issued by
Raymon Ram
President,
Transparency International Malaysia
