PM announces setting up Judicial Appointments Commission, gets standing ovation from Bar Council for keynote address
Abdullah Badawi mends fences with the judiciary at the Bar Council dinner Thursday night. — The Malaysian Insider picture by Choo Choy May
Called the Judicial Appointments Commission, its task will be to help evaluate and vet candidates in a credible manner for the Prime Minister. The constitutional prerogative of the Prime Minister to put forward names to the King will remain in this regime.
Datuk Seri Abdullah Ahmad Badawi also announced that the Government will begin reviewing the salaries of judges with the aim of attracting and retaining the country’s best talent. He also stated his commitment to the principle of separation of powers.
“This, and other measures which will be announced in due course, will form a comprehensive package of reform to strengthen the capacity and credibility of the judiciary... The judiciary must be revitalised to enable it to serve the people in pursuit of justice. The judiciary must be fortified to be an institution that serves the democratic principle of separation of powers. The judiciary must be the guardian of the Constitution and the sentinel of the people's rights," he said, delivering the keynote address at the annual Bar Council dinner.
He noted that the level of trust and respect for the judiciary was not as strong as it used to be. There were concerns relating to capacity and efficiency, stemming from long case backlogs, delays and the outdated manner of court administration.
There were also concerns related to perceived corruption and perceived decline in quality. The business community, in particular, have voiced concerns about the fairness and capacity of Malaysia's judiciary in settling disputes. This has directly affected perceptions of the country's economic competitiveness, he said.
“No nation can call itself fair and just without an efficient and trusted judiciary. By 'trusted', I mean a judiciary that delivers justice and is seen
to deliver justice. In Malaysia's case, debates and arguments on the state of our judiciary have been heated and protracted.
"Some of the Malay Rulers have openly voiced their disquiet on what they see as a decline, requiring nothing short of a judicial renaissance. Some retired judges have related troubling tales of impropriety. Politicians on both sides of the aisle have called for reform of this most august institution. Even the Bar Council, true to form, has marched en masse outside my office," he said.
Abdullah said that when he took office in 2003, he promised a credible, effective and independent judiciary. He recommended judicial appointments in consultation with the senior judges before bringing the names to the Yang di-Pertuan Agong as required by the Federal Constitution.
“I pledged material and fiscal support for the judicial service in order to reduce the backlog of cases. I even took a political leap of faith by appointing an outspoken maverick as my new de facto Law Minister.
"I can say with a clear conscience that I abided and will continue to abide by the principle of separation of powers, leaving the matter of justice to the judiciary. And yet the legacy of 1988 haunts us until today."
He promised Malaysians tonight that the process of judicial reform will pick up pace. “We recognise that this process must be undertaken with the spirit and belief that no one, not even those entrusted to govern or to make laws, must assume to be above the law," he said.
Abdullah said that as a result of many events, which culminated in the Royal Commission into the V.K. Lingam Tape", the public considers the present way of appointing and promoting judges as inadequate. “The absence of a system in nominating candidates has led some to believe that the process is characterised by abuse, even where there is none. As is often the case, perception can lead reality.
“But the fact is, we can no longer leave such an important institution to hope and chance. The system must have built-in safeguards to prevent potential abuse and it must have a process that will convincingly identify the best legal minds in the country to join the judiciary. This is a necessary part of ensuring that our nation's judiciary is robust and trusted by the people," he said.
Abdullah that there was much to do before the public's trust in the nation's judiciary could be earned.
“The government has set the ball rolling. We have put forward initial, but vital, steps. Now it is for all parties concerned – the judiciary, the Bar, civil society and the public at large – to also play their respective roles in facilitating these reforms. Whatever our differences, we share the same idealism for our nation's judiciary. Let us work through our differences," he said, earning a standing ovation from his audience.
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