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Judiciary: Wrong move PDF Print E-mail
Friday, 28 September 2007 12:13pm

Lawyers taking to the streets on Wednesday to demand an independent judiciary.©New Straits Times (Used by permission)
by W.M. Ramli, Ulu Klang, Selangor

THERE was no necessity for members of the Bar Council to take to the streets. (Click here to view the Picture Gallery)

Whatever the reasons or grouses it may have, a memorandum could have been handed to the government in a manner befitting the organisation.

To gain public respect and confidence, members of the Bar Council must not in any way tarnish the image of their profession.

The setting up of a three-man independent panel to investigate the authenticity of a 2002 video clip allegedly showing a prominent lawyer brokering the appointment of top judges is more than sufficient and a move in the right direction.

Let's place our full confidence in the panel and its three members.


Judiciary: Embrace reform and review current system

by Mohan Sankaran, for ERA Consumer Malaysia

YEAR in and year out, the press has provided us with news of corrupt politicians and government officials embezzling the people's money and the misuse or abuse of power by public officials for private gain.

The recent Auditor-General's Report and the recent "judicial fixing" video clip is no different.

The latter seriously erodes the people's confidence in the independence and integrity of our judiciary.

The government has agreed to set up an independent inquiry panel and this is something that should be welcomed. What we want to see is the government getting more serious in combating corruption.

We don't want it to be like fire-crackers where we will only get ashes from burning issues.

In the United Kingdom, the appointment and promotion of judges come under the purview of the Judicial Appointment Commission (JAC) which was established under the Constitutional Reform Act 2005.

This is to ensure that the selection of judges is based solely on merit and good character and not through mere personal connections.

It also means that their judiciary is capable of evolving to meet the changing needs of the society.

Therefore, what is wrong if we Malaysians demand the same since we have inherited the same legal system?

We should also be ready to embrace reforms and actively seek to improve our justice system.

Thus, we believe that the time has come for the government to consider reviewing the current system for judicial appointments and promotions which is wholly in the hands of politicians.

An independent judiciary is one of the main pillars of a state governed by rule of law.

For this reason, the appointment and promotion of judges should also be done by an independent body in order to ensure an accountable, transparent and meritorious appointment and promotion process.

This will result in a fair and efficient administration of justice without partiality or prejudice.

Comments (1)Add Comment
A Worthy Walk
written by Tan Peek Guat, Saturday, September 29 2007 02:32 pm

Members of the Malaysian Bar did a walk; and the name of that walk is "Justice"; and rightfully, they had congregated at the "Palace of Justice"; and not the "Palace of Just Ice".

Does W.M. Ramli ever consider it important to live in a fair and just environment? It has many reasons for the Malaysian lawyers to have walked. First and foremost, it is their duty to uphold the law and its fair process - so, when they considered such a walk as necessary, they walked, and they did not shirk from their duties and responsibilities.

W.M. Ramli should, in fact, be grateful to the Malaysian Bar for having walked for and on his behalf. On account of the constraints the members of the Malaysian Bar experienced, it was with much pain and strains that they had walked, BUT for the sake of Justice, they deemed it worth their while.

What a sacrifice indeed, and we, the Malaysian public, dutifully respect them for the honour and the right legal pathway which our Malaysian lawyers had shown on that day.

Tan Peek Guat


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