A just society cannot exist without a highly credible institution that fairly and efficiently dispenses justice; an institution that should be of the highest integrity, and that remains the furthest from reproach though never far from critical examination. It needs to be an institution that has rightfully earned, and that continues to vigilantly enjoy, the genuine respect, trust and confidence of the people. This vital institution is, of course, the Judiciary.
To remain in a continuous state of good health, the Judiciary must possess a long–term strategy and capacity to deal with infractions that will from time to time occur due to weaknesses in human nature and the imperfection of any human structure.
The head of our Judiciary, namely the Chief Justice, has commendably placed in the public domain the thorny issue of allegations of corruption in the Judiciary. Corruption is not limited to the monetary kind. It can also take the form of favouritism and partiality, whether founded upon personal interest, prejudice or simply ignorance. Allegations of corruption should not be dismissed outright just because they are by nature easy to raise but very difficult to prove. It is encouraging to note that the Chief Justice adopts an open approach, acknowledging that such misdeeds are usually well concealed, and refusing to ignore even anonymous poison–pen allegations.
The head of the Government, namely the Prime Minister, has responded in equally open and positive manner to the critical issues raised by the Chief Justice; by promising to seriously consider the idea of having a Royal Commission to look into and manage these delicate and vital issues for which the nation’s attention has been overdue.
The Malaysian Bar strongly supports the setting up of a permanent Judicial Commission that will be able to deal with the selection, appointment and promotion of judges, as well as issues concerning the conduct of judges and the administration of justice; in a holistic manner. Having a Judicial Commission to deal with these issues will make the process less subjective, and far more consultative, transparent and accountable than is the current practice. If implemented, this will prove to be one of the greatest legacies that the Government and the people of Malaysia can leave behind for the benefit of generations to come.
It is hoped that, after almost two decades of relentless pursuit by the Malaysian Bar in favour of a better mechanism, there will soon be light at the end of the tunnel. The Bar Council is most willing and ready to work with the Judiciary, the Attorney General’s chambers and other authorities in making the Judicial Commission a meaningful reality.
The time has come, and the time must come, for a Judicial Commission.
Yeo Yang Poh
Chairman
Bar Council
5 June 2006
Related stories:
Bar Council welcomes judicial commission
Bar Council backs permanent judicial commission
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