By Tan Sri Lee Lam Thye, Member of the Malaysia Integrity Institute
KOTA KINABALU: We strongly support the recent call by the Chief Justice of Malaysia, Tun Tengku Maimun Tuan Mat, to remove the Prime Minister’s role in the appointment of judges. Her proposal reflects a deep and necessary commitment to strengthening the integrity, impartiality, and independence of Malaysia’s judiciary—key pillars of any functioning democracy governed by the rule of law.
The current system, in which the Prime Minister advises the Yang di-Pertuan Agong on judicial appointments, has long raised concerns about potential executive influence over the judiciary. While the federal constitution outlines checks and balances, the reality remains that the executive’s involvement, even indirectly, risks undermining public perception of judicial neutrality and independence.
Removing the Prime Minister’s role in judicial appointments would:
Strengthen Judicial Independence: A judiciary that is free from executive interference is essential to uphold justice without fear or favour. This move will insulate judges from political pressure and enhance their ability to decide cases purely on legal merit.
Improve Public Confidence: The perception of impartiality is just as important as impartiality itself. By eliminating political involvement in judicial appointments, public trust in the courts will be significantly bolstered, particularly in politically sensitive cases.
Align with International Best Practices: Many modern democracies have reformed their judicial appointment processes to ensure they are merit-based, transparent, and free from political interference. Malaysia must follow suit to be seen as a nation committed to democratic principles and the rule of law.
Promote Good Governance: A truly independent judiciary acts as a check on the powers of the executive and legislature, ensuring that governance remains accountable and lawful. Judicial reforms are therefore not only legal but also moral imperatives for a maturing democracy.
The establishment of an independent judicial appointments commission, answerable only to the Constitution and free of political involvement, is a logical and principled step forward. It is time we reimagine and reinforce our institutions to protect them from undue influence and ensure justice is truly blind.
We urge the government and relevant stakeholders to engage constructively with this proposal and consider the long-term benefits it brings to our democratic fabric.
