KUALA LUMPUR, 9 Oct 2008: The person picked to be Chief Justice must be widely
perceived to be above and independent of any political alliances or influences.
With the present Chief Justice Tun Abdul Hamid Mohamad set for compulsory
retirement on 18 Oct 2008, the Malaysian Bar, in a statement released today,
said it is imperative that his replacement have the necessary qualities to set
the tone of the Judiciary and guide its direction.
"This is all the more critical at this time when the nation faces many political
challenges. 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," said the Bar President Datuk Ambiga Sreenevasan.
Conventionally, the second most senior judge, the Court of Appeal president
would be promoted to the post of Chief Justice. The current president Tan Sri
Zaki Azmi was parachuted to the Federal Court in September 2007 and appointed as
president of the Court of Appeal three months later.
However, Zaki's deep involvement with Umno has been attacked by various parties.
He was previously the chairman of the Umno's election committee, deputy chairman
of its disciplinary board of appeal and party legal adviser.
Ambiga stressed that it is precisely to overcome any hint of subjectivity or
collateral purpose in the appointment of judges, including the Chief Justice
that the Bar Council and other organisations have pressed for the establishment
of a Judicial Appointments Commission.
"In the absence of such a Commission, it is hoped that the applicable criteria
which represent the acceptable norms in such an appointment will guide the
selection process of the important position of the Chief Justice," said Ambiga.
Ambiga said seniority in terms of the position currently held, and years of
experience on the Bench, as well as ability and competence, which are often
reflected in the quality and number of judgments written, are important
criterion. Integrity, judical temperament and a demonstration of independence
are also vital qualities.
The most senior judges in the Court of Appeal now are Datuk Gopal Sri Ram, Datuk
Mohd Ghazali Mohd Yusoff and Tengku Baharuddin Shah Tengku Mahmud.
"It must not be forgotten that it is the chief justice who sets the tone in the
Judiciary and guides its direction. He heads the third branch of government, and
hence a critical national institution. He must therefore enjoy the confidence of
Malaysians," added Ambiga.
The Conference of Rulers will meet in Kuala Terengganu next week to decide on
the new Chief Justice, based on a list of names provided to the prime minister
by the outgoing Chief Justice. The Constitution requires the rulers' consent for
judicial appointments.
Ambiga said the constitutional process of consultation with the Conference of
Rulers is critical in the appointment of the Chief Justice.
"It draws on the wealth of the Rulers' wisdom and experience and raises the
process above partisan politics. In short, it provides an essential check and
balance in the appointments and promotions of judges," she added.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Seminar on an Introduction to the Industrial Relations Act (23 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 23 May 2012 (Wednesday). The seminar will be conducted by Wong Keat Ching. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
News 
Subscribe to this comment's feed
Circular No 106/2012: Accountant’s Report 2011
