PUTRAJAYA (Jan 8): Soon-to-retire Chief Justice Tun Tengku Maimun Tuan Mat, mindful of three other top judges in the country who are also close to retirement, urged incoming judges to uphold their oaths of office and adhere to stare decisis, a Latin term meaning 'to stand by things decided'. It refers to the doctrine of precedent in justice, where courts follow previous rulings in similar cases to ensure consistency in legal decisions.
"All we can do now is entrust all future generations of judges, lawyers, prosecutors and federal counsels to further progress the development of the law in line with established principles," Tengku Maimun said in her final speech at the Opening of the Legal Year 2025 ceremony on Wednesday.
Malaysia's first female chief justice, Tengku Maimun is set to retire in July this year, as she reaches the age of 66, the mandatory retirement age for judges, unless her tenure is extended by six months. Deputy Court of Appeal President Tan Sri Abang Iskandar Abang Hashim will retire a month before her.
Newly appointed Chief Judge of Malaya Datuk Seri Hasnah Mohamed Hashim will also be turning 66 in May, while Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli will reach the retirement age at the end of this month, but has seen his tenure extended by six months.
At most, judges can serve another six months after reaching age 66, after which they must retire, as provided for in the Federal Constitution.
This means that by the year's end, the top brass of the country's judiciary will see new faces.
Tengku Maimun stressed that she and her soon-to-be-retired colleagues have treated every personality who appeared before them in their courtrooms in the same way — regardless of the individual's status — despite attempts by some parties to hinder or stifle the course of justice.
"I am not the only one who is soon to retire," Tengku Maimun said. "Many of my esteemed colleagues will also retire soon. We will leave it up to you to judge whether the landmark cases passed in all fields over the last six years have met the standards of justice," she said.
Trust and confidence in the judiciary takes decades to build
Tengku Maimun also reflected on the progress made by the judiciary over the years, and how Malaysia had improved its Rule of Law ranking significantly since 2016.
In 2023, the country ranked 55th out of 142 countries worldwide in the Rule of Law ranking, with a notable 23-place improvement from 2016.
"Judges work hard with considerable commitment towards instilling a steady level of trust and confidence in the judiciary. It takes decades to achieve this goal," she said.
Never been partial to any PM or party
Tengku Maimun also reminisced about her six years as chief justice, during which she served under four different prime ministers.
"During this time, judicial panels led by me have made decisions on the law and facts, regardless of the heated political overtones and undertones that accompanied some cases," she said.
"This alone should dispel any baseless notion that I have ever been partial to any particular prime minister or party," Tengku Maimun added.