Malaysian Bar urges swift appointment of Chief Judge of Malaya, warns against further delay

KUALA LUMPUR, Sept 19 — The Malaysian Bar today said the appointment of a new Chief Judge of Malaya (CJM) should not be delayed any further.

Its president Mohamad Ezri Abdul Wahab said the continued vacancy in this key position — which has been vacant since the end of February this year — could undermine the perception of stability and leadership within the judiciary.

“We acknowledge and appreciate the commendable efforts of Tan Sri Datuk Amar Abang Iskandar Abang Hashim, who has assumed the role of acting CJM, in addition to his role as the president of the Court of Appeal.

“However, it is crucial to recognise that these two positions were designed to be distinct, each with its own responsibilities, focusing on different tiers of the court system,” he said in a statement.

He explained that the CJM holds many important functions pertaining to the administration of the High Court in Malaya.

“One of the main responsibilities of the CJM is the delegation of cases between the High Court judges. Case law has determined that this power is a discretion of the CJM, thus not amenable to judicial review.

“The CJM also has a role in the appointment of High Court judges serving in Peninsular Malaysia. Before tendering advice to the Yang di-Pertuan Agong (YDPA) on the appointment of a High Court judge, the prime minister is obliged to consult both the Chief Justice and the CJM.

“Even with the transfer of a judge from one High Court to another, a recommendation may be made by the Chief Justice to the YDPA, after consulting both the CJM and the Chief Judge of Sabah and Sarawak,” he said.

He added that the CJM is also responsible for issuing the Rules of Court and has the authority to issue practice directions on the interpretation and execution of the Rules of Court.

“The foregoing is merely a glance at the many responsibilities of the CJM.

“Although a senior judge may assume the role of acting CJM in the event of a vacancy, this should only be a stop-gap measure when the office becomes immediately vacant. It should not be a permanent state of affairs,” he stressed.

Mohamad Ezri also pointed out that the Malaysian judiciary is composed of qualified judges who can immediately fill the vacancy, thus there is no good reason to delay the appointment.

He added that leaving the position vacant not only prevents the progression of judges within the system but also hinders the appointment of new judicial commissioners from either the Bar or the Judicial and Legal Services.

“There are many members of the legal profession who have dedicated their time and energy to becoming leading practitioners, often in niche areas of law, and are willing to further contribute to the development of the law by joining the Bench.

“Delay in appointing new judicial commissioners would result in frustration, and even deter some from applying to join the judiciary,” he said.