PUTRAJAYA (July 28): Malaysia's judicial leadership saw significant changes with the promotion of two senior judges to the Federal Court, along with significant elevations across other courts.
Datuk Wan Ahmad Farid Wan Salleh and Datuk Azizah Nawawi will be sworn in as Federal Court judges, assuming the critical roles of Chief Justice and Chief Judge of Sabah and Sarawak, respectively.
Sources familiar with the matter have informed The Edge that six judges are slated for elevation to the Court of Appeal on Monday, while 14 Judicial Commissioners (JCs) will be confirmed as permanent High Court judges.
The newly appointed judges are expected to receive their instruments of appointment on Monday morning in a ceremony before the Agong, Sultan Ibrahim Sultan Iskandar. They will then take their oaths of office later in the afternoon.
Federal Court judge Datuk Abu Bakar Jais will also take his oath as the new President of the Court of Appeal.
Unlike permanent High Court judges who enjoy security of tenure, JCs serve on a probationary basis pending confirmation. As such, Monday's appointments mark a significant step in solidifying Malaysia's judicial leadership structure.
The promotion of six High Court judges to the Court of Appeal is expected to exacerbate existing vacancies in the High Court, potentially leaving nearly 30 positions unfilled.
This shortage has raised concerns among legal practitioners and the public about potential delays in case hearings, said observers.
While the 14 JCs will be confirmed as permanent High Court judges on Monday, the total number of High Court judges and JCs will remain at 70, failing to address the current shortfall.
Currently, according to the Judicial Appointment Commission (JAC) website, there are 24 vacancies for High Court judges or JCs to fill up the 94 posts nationwide. Hence, the six judges slated to be elevated to the appellate court would further increase the gap.
These vacancies would have to be handled by Wan Ahmad Farid, Abu Bakar, along with Azizah, who replaces the retired Tan Sri Abdul Rahman Sebli, and Chief Judge of Malaya Tan Sri Hasnah Mohamed Hashim. Hasnah is expected to retire in November with another three Federal Court judges.
JAC has also put up advertisements on its website for lawyers and those from the Attorney General's Chambers to fill up the posts.
The Malaysian Bar had highlighted the vacancies when its president Mohamad Ezri Abdul Wahab had said in a statement earlier this month that the “Walk to Safeguard Judicial Independence” was to voice grave institutional concerns regarding the state of the judiciary, the pressing issue of prolonged vacancies, the need for leadership continuity, and to urge reforms to safeguard the independence of one of the nation's most vital democratic institutions.
The Bar noted that court cases are scheduled for hearing as late as 2030 due to these vacancies in the judiciary. These delays, it added, are seen as a denial of justice and a looming crisis that needs to be addressed, read the statement.
Following the walk held on July 14, the legal eagles had also submitted a memorandum to the Prime Minister’s Office expressing this concern.
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