KUALA LUMPUR (Sept 19): The Malaysian Bar Council has raised concerns over the ongoing delay in the appointment of a new Chief Judge of Malaya (CJM) — the third highest position in the judicial hierarchy — saying it should be expedited to ensure effective administration of justice and continued public confidence in the country's legal system.
Although the Court of Appeal president Tan Sri Abang Iskandar Abang Hashim has been appointed as acting CJM, Malaysian Bar president Mohamad Ezri Abdul Wahab stressed that the two positions were "designed to be distinct, each with its own responsibilities, focusing on different tiers of the court system".
"The Malaysian Bar has closely followed public discourse on this issue. We share the public’s concern that the continued vacancy in this key position could undermine the perception of stability and leadership within the judiciary," he said in a statement on Thursday.
"The role of the CJM is not merely symbolic but is essential in overseeing the judiciary, ensuring the smooth administration of justice, and safeguarding the independence of the courts," Mohamad Ezri added.
The post has been vacant for about seven months now after the previous CJM, Tan Sri Mohamad Zabidin Mohd Diah, who was appointed to the post on Jan 17, 2023, went on mandatory retirement on Feb 29, 2024.
Since then, rumours have been rife that the appointing authorities were mulling the idea of appointing an "outsider" as a Federal Court judge with the possibility of later assuming the role of CJM. One such candidate who was said to be in top consideration is current Attorney General Datuk Seri Ahmad Terrirudin Mohd Salleh.
In response, nine former Malaysian Bar presidents came out with a statement in July to oppose the idea and urged for the CJM to be appointed from within the judiciary.
In the council's latest statement on Thursday, Mohamad Ezri said the Malaysian judiciary is composed of capable, experienced, and highly qualified judges, "who are more than prepared to assume the role of CJM".
"Hence, there seems to be no good reason for the delay in appointing a new CJM," he said.
He also argued that a prolonged vacancy in the CJM's office will prevent the progression of judges within the system "who have spent their entire careers honing their judicial skills and abilities".
"It would be a great disservice to the judiciary to withhold the progression of these judges, as they will not be able to make use of their wisdom and skills for the betterment of the Malaysian justice system," he said.