©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."
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Bar: Consulting rulers critical in appointment of Chief Justice
9 Oct 2008 12:00 am