The Malaysian Bar notes the appointment of the President of the Court of Appeal, The Right Honourable Justice Datuk Abu Bakar Jais, as Acting Chief Judge of the High Court of Malaya (Chief Judge of Malaya/CJM), following the recent retirement of Tan Sri Hasnah Mohammed Hashim last week. We further note that the Judicial Appointments Commission (JAC) is currently operating with only seven members, despite Section 5(1) of the Judicial Appointments Commission Act 2009 stipulating that the commission shall comprise nine commissioners.

In our press release dated Sept 19, 2024, titled “There is an urgent need to appoint a new Chief Judge of Malaya”, the Malaysian Bar cautioned that the prolonged vacancy of the Chief Judge of Malaya could undermine the perception of stability and leadership within the judiciary. Additionally, at the 79th Annual General Meeting of the Malaysian Bar on March 15, 2025, we adopted the “Resolution on the Judiciary and Malaysian Bar”, reaffirming our unwavering commitment to defending the independence of the Judiciary without fear or favour, as a fundamental statutory and constitutional duty.

In the light of the current vacancies and interim arrangements within the Judiciary, we consider it prudent to highlight that while an acting appointment has been made, this arrangement should not extend for an undue period. Senior judicial offices carry significant administrative and institutional responsibilities, and prolonged interim occupancy is neither ideal nor consistent with the expectations of orderly succession within the Judiciary.

The JAC is responsible for identifying and recommending suitable candidates for appointment to the superior courts. Its work is central to ensuring integrity, transparency and merit in the judicial appointments process. When the office of the Chief Judge of Malaya remains occupied by an interim appointee, and the senior Federal Court judicial seat on the JAC is also vacant, the JAC does not sit with its full judicial complement. This may affect its ability to deliberate and make recommendations efficiently. 

Timely attention to these matters is essential. The orderly functioning of the judiciary depends on the continuity of its leadership and the proper constitution of the JAC. Addressing these vacancies without delay will affirm Malaysia’s commitment to a stable, independent and effective judicial system. It will also assure the public, the legal profession and all branches of government that the administration of justice remains anchored in certainty, principle and respect for the constitutional framework.  

Mohamad Ezri Abdul Wahab is president of the Malaysian Bar.