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Bar: Consulting rulers critical in appointment of Chief Justice

Thursday, 09 October 2008 07:49pm

©The Sun (Used by permission)
by Giam Say Khoon

PETALING JAYA (Oct 9, 2008) : The Bar Council has described as "critical" the constitutional process of consulting the Conference of Rulers in the appointment of the Chief Justice (CJ), as it will raise it above partisan politics.

Its president Datuk Ambiga Sreenevasan said in a statement today the consultation draws on the wealth of the Rulers' wisdom and expertise and is an essential check and balance in the appointment and promotion of judges.

"In the absence of a Judicial Appointments Commission, it is hoped the applicable criteria which represent the acceptable norms in such an appointment will guide the selection process of the important post of the CJ which becomes vacant on Oct 18," she said.

Her statement comes in the wake of reports recently that speculated on who would likely be the next CJ.

Court of Appeal president Tan Sri Zaki Azmi, 62, the number two in the judicial ladder, is touted as the front-runner for appointment to head the bench.

Chief Judge of Malaya Tan Sri Alauddin Mohd Sheriff, 62, and Federal Court judge Datuk Arifin Zakaria, 60, are also likely candidates.

Ambiga said: "It is also imperative that the CJ be a person who is widely perceived to be above and independent of any political alliances or influences. This is all the more critical at this time when the nation faces many political challenges.

"When all else may seem to be in a state of flux and confusion, an independent judiciary stands above the fray, giving the nation's citizens a sense of security and stability that justice will continue to be administered in accordance with the rule of law, no matter what the circumstances."

She said seniority in terms of the position now held is one criterion for a CJ and seniority in terms of years of experience on the Bench is another important consideration.

She also said other factors related to integrity, judicial temperament, a demonstration of independence, ability and competence, which are often reflected in the quality and number of judgements written, are also vital qualities.

"It must not be forgotten that it is the CJ who sets the tone in the judiciary and guides its direction. He must therefore enjoy the confidence of Malaysians, the consumers of the justice system."