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Vacancies in the Judiciary PDF Print E-mail
Sunday, 21 November 2004 12:00am

 The recent retirement of the Chief Judge of Malaya on 8th November 2004 has resulted in a vacancy in a position that is critical to the efficient administration of justice. The Bar Council trusts that this important position will be filled immediately, and by the appointment of the senior-most Judge of the Federal Court who enjoys the confidence of the legal fraternity and the Malaysian public.

Recent developments in our justice system have provided hope that the system is beginning to be steered onto the right track; and this has enhanced the image of the Government. For this positive trend to continue, it is crucial that the next appointment of the Chief Judge of Malaya is both immediate and confidence-building. In a justice system divorced from politics, leaving such a vital position open for prolonged periods despite the availability of a suitable candidate (as had sometimes occurred in the past) will leave room for negative speculations and undo the recent positive developments.

The Bar Council further notes that there are vacancies in the Federal Court and the Court of Appeal that await appointments. The Bar Council trusts that these vacancies will be filled by the promotion of judges in a transparent and accountable manner, and in accordance with universally accepted principles and criteria. In the absence of exceptional and justifiable reasons that are capable of being objectively illustrated, such promotions must not be carried out in disregard of seniority and of the general morale of judges.

The longer-term approach should lie in the formation of a Commission to deal with matters relating to appointment and promotion of judges, as has been strongly advocated by the Bar. In the interim, and if public confidence is to be truly cherished, it is most crucial that the impending promotions are done in a manner that will instill rather than destroy confidence.

The future of the administration of justice in our country depends on no less.

Dated 21st November 2004.

Hj. Kuthubul Zaman Bukhari
Chairman
Bar Council

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