GEORGE TOWN: There is a resounding yes for reform in the judiciary.
Retired judges, lawyers and politicians lauded yesterday
Sultan Azlan Shah’s call for judicial reform.
Calling Sultan Azlan Shah’s speech at the 14th Malaysian Law conference 2007
“fabulous", retired Court of Appeal judge Datuk V.C. George said: “It made my
hair stand on end listening to him. I’ve been screaming for reforms for years.
“The only person in the country, as far as I can see, who doesn’t agree is the
Minister in the Prime Minister’s Department Datuk Seri Mohamed Nazri Abdul Aziz.”
Retired Court of Appeal judge, Datuk K.C. Vohrah called Sultan Azlan Shah’s
speech “excellent", adding this was “exactly what we need".
On the other hand, constitutional law lecturer Professor Shad
Saleem Faruqi said although there was a need for reform of the judiciary, there
was nothing wrong with the law.
“The law is excellent. The law on appointments and on dismissal is far better
than the law in the United States and and the United Kingdom where parliament
can dismiss judges.
“Here judges can only be dismissed on the recommendation of their brother and
sister judges.”
Shad Saleem said the compelling problem in the country was the constantly used
’systems approach’.
“We are constantly trying to plant new systems and procedures, which is fine.
“However, what is disregarded is that systems are only as good as the people who
administer them.
“We don’t train, choose and develop the right personnel. The selection system is
such that the right people are not being promoted.
“What is seriously needed is an overhaul of the personnel manning our
institutions who are actually not doing justice to the promise of the law, who
are keeping the constitution at the periphery rather than bringing it to the
heart of our legal system,” said Shad Saleem.
Acting Gerakan president Tan Sri Dr Koh Tsu Koon said the party was concerned
about feedback that recent incidents had adversely affected public perception of
the judiciary.
This, he added, was because the judiciary was a crucial part of a liberal and
progressive parliamentary democracy.
“As such, we applaud and support Sultan Azlan Shah’s call for all judges to be
judges for all Malaysians in line with the spirit of the Federal Constitution
and Rukun Negara.
“We also commend Sultan Azlan Shah’s wisdom to call for reform in the Malaysian
judiciary,” he said in a statement.
The Sultan of Perak said in his opening address at the 14th Malaysian Law
Conference on Monday that it was time for the judiciary to regain the public’s
confidence and win back the high esteem it used to enjoy.
Koh said: “We take note of Sultan Azlan Shah’s reminder to judges to be
sensitive to the feelings of all parties, irrespective of race, religion or
creed and that they should be judges of all Malaysians.”
He also said it was equally important for the Bar Council to play a positive
role in ensuring that the Malaysian judiciary discharged its duties effectively.
Zaid Ibrahim, a senior lawyer and MP for Kota Baru said Malaysia still had
judges of high calibre but there was a need to improve the judiciary’s image.
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