KUALA LUMPUR (July 15): Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said on Tuesday said existing legal and constitutional safeguards are in place to protect judicial independence and integrity, amid rising concerns over the state of the judiciary.
This comes amid recent controversy surrounding an alleged leak of confidential Judicial Appointments Commission (JAC) meeting notes. The leaked extract reportedly revealed concerns about the integrity of a judicial candidate and possible political interference in court decisions. The police have launched an investigation under the Official Secrets Act and other relevant laws to address the unauthorised disclosure.
The JAC was set up under a 2009 law to make sure judges for higher courts in Malaysia are chosen fairly, transparently, and based on merit.
Azalina highlighted that the Federal Constitution already provides clear and structured procedures to handle any judicial misconduct, ensuring that judges remain free from political influence.
She pointed out specific constitutional articles empowering the Yang di-Pertuan Agong to set up tribunals for investigations, and the role of the Chief Justice and Judicial Ethics Committee in overseeing judicial conduct.
She also emphasised the importance of the Judges’ Code of Ethics, in place since July 2009, which sets the standards for judicial behaviour.
Azalina reiterated that matters relating to judicial ethics fall outside the jurisdiction of the executive and legislature, stressing the importance of preserving public trust in the country’s legal institutions.
Azalina also responded to the Malaysian Bar’s “Walk for Judicial Independence” on Monday, where members marched 2.6km to the Prime Minister’s Office in Putrajaya to submit a 65-page memorandum. The walk was held to express concern over unfilled top and senior judge positions in the Federal Court and delays in appointing judges, especially at the High Court level.
“The government acknowledges the concerns raised by the Bar and is committed to addressing them in a transparent and responsible manner, in line with the Federal Constitution,” she said.
Azalina highlighted that some efforts being taken by the government currently include a comparative study on judicial appointment systems, spearheaded by the Legal Affairs Division of the Prime Minister’s Department, in collaboration with parliamentary select committees from both the Dewan Rakyat and Dewan Negara.
“This study aims to clarify the role of the JAC and address some of the concerns raised by the Malaysian Bar. The government welcomes the participation of all stakeholders, including the Bar Council,” Azalina said.
She added that all matters must be evaluated within the context of existing laws — including the Judicial Appointments Commission Act 2009 [Act 695] — and the constitutional separation of powers.
“The government urges all parties to continue upholding and respecting the constitutional processes that protect the independence of Malaysia’s judiciary,” she said.