Fixing Malaysia's Judiciary

By ZAID IBRAHIM
FROM TODAY'S WALL STREET JOURNAL ASIA
May 20, 2008

KUALA LUMPUR

If there's one lesson to be learned from March's elections, it's that business as usual in Malaysia is no longer acceptable. This is a challenge to the government of Prime Minister Abdullah Badawi, and to me, as law minister. And it's why our recently announced reforms to the judiciary are so important.

When a videotape surfaced last September of a prominent lawyer purportedly trying to fix the promotion of a senior judge, the government swiftly appointed a commission comprising three senior judges, a former solicitor general and a prominent academic to investigate these events. The commission's report was made public last Friday and the government has now pledged to further investigate the allegations of wrongdoing contained in the report.

The report also contains recommendations to improve the integrity of the judiciary, some of which were initiated prior to its publication. In a speech to the Bar Council last month, Prime Minister Abdullah announced a proposal to establish a Judicial Appointments Commission that will evaluate and vet proposed judges in a systematic and credible manner, based on clearly defined and transparent criteria. Our government will also initiate a review of the judiciary's terms of service and compensation as part of our commitment to attract and retain the very best people to serve as judges.

The prime minister has also moved decisively to confront a serious blemish on our judicial history: the 1988 legal upheaval. That year, then-Prime Minister Mahathir Mohamad accused the judiciary of overreaching its powers and subsequently took steps to reduce its influence. Three judges, including the lord president, were sacked and three others were suspended. Since then, the judiciary has been hampered by serious and persistent allegations of corruption, inefficiency and executive interference.

The malaise must stop. The judges who lost their jobs were recognized at the Bar Council dinner for their commitment to upholding justice and acknowledgement of the pain and loss they have endured. Our government will make goodwill, ex gratia payments to these judges as a small gesture to mend what they have experienced.

Some may wonder why so much attention is being paid to an event that occurred nearly two decades ago. I believe it is important the government acknowledge that serious transgressions have occurred, even if those actions were not taken by the present administration, and to take steps to restore faith and trust in our judiciary. It is important for our people and for Malaysia's reputation in the world.

A fair and impartial judiciary is also critical to sustain Malaysia's strong economic growth and its record as an attractive destination for foreign investment from prominent companies such as General Electric, Google and Virgin Group. The business community in Malaysia has been concerned about the fairness and capacity of Malaysia's judiciary in settling disputes, which affects perceptions of our country's economic competitiveness.

To me, the significance of the prime minister's proposals extends beyond matters of law. Traditionally, the judiciary is an institution that is least amenable to change. By honestly recognizing its problems and acting to bring renewal, the prime minister is sending a signal to other institutions: that the government has heard the people's call for greater transparency and accountability, and will bring reform where it is needed. This is a historic moment for our country, and I am proud to be part of it.

Mr. Zaid is law minister of Malaysia.