PUTRAJAYA: Tun Tengku Maimun Tuan Mat expressed confidence today that Prime Minister Datuk Seri Anwar Ibrahim and his government were fully committed to upholding judicial independence.
The outgoing chief justice emphasised that the Judicial Appointments Commission (JAC), responsible for appointing judges under the JAC Act 2009, must remain independent and free from external influence.
"The mechanism of JACA 2009 is far from perfect. As we can see from parliamentary debates, there are many issues raised against it.
"Even after its passing, many quarters, including the Bar Council, have recommended changes to strengthen the act.
"Foremost concerns the fact that the prime minister still has too much power in the appointment of judges.
"Anwar, who was the then opposition leader, concluded at the time that the JACA 2009 (in his view) was not enough to restore the independence of the judiciary.
"He went on to observe that there is a perception that persons who had decided in favour of the government were promoted," she said in her speech at the opening of legal year held at the Putrajaya International Convention Centre here.
She said Anwar's observation directly relates to the fundamental aspect of judicial independence, emphasising the significant role perception plays in it.
She said the public cannot be expected to trust the judiciary, no matter how hard its judges work, if the prevailing perception is that judges are appointed or promoted based on their willingness to make decisions that favour the government or certain business interests.
"I am certain that now, as prime minister, Anwar and his government will remain true to those comments by continuing to unreservedly remain committed to upholding the cause of judicial independence.
"In spite of the many criticisms leveled against JACA 2009 in the debates prior to its passing, it remains in force.
"The purpose of the act, as was clarified by the then government when moving the bill, was not to change the constitutional mechanisms of appointment of judges, but to further streamline and enhance the selection of candidates for judicial appointment.
"Viewed in this way, the provisions of JACA 2009 and the establishment of the JAC is seen as a measure to supplement and complement the constitutional provisions on the appointment of judges of the superior courts," she said.
Tengku Maimun said the provisions of JACA 2009 do, however, allow the prime minister to not accept the candidates recommended by the JAC for appointments.
In such cases, the prime minister can request for two more names of candidates.
"I have been an ardent and firm believer in the independence of the judiciary, including the appointment of judges.
"Hence, I have steadfastly observed all the principles espoused in the (Federal) Constitution and JACA 2009.
"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.
"As I near the end of my tenure, it is my sincere hope that those responsible for the appointment of judges remember their commitments to their oaths and duties under the Constitution and law," she added.