•
What to look for in next chief justice
•
Choose CJ with care, says Bar Council
•
Bar: Consulting rulers critical in appointment of Chief Justice
•
Chief Justice must enjoy people's confidence – Bar Council
•
New Chief Justice must be independent of political alliances
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. That remains the step forward that the nation awaits.
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, which becomes
vacant on 18th October 2008.
Seniority in terms of the position currently held is one criterion. Seniority in
terms of the years of experience on the Bench is another important
consideration. Other factors relate to ability and competence, which are often
reflected in the quality and number of judgments written. Integrity, judicial
temperament, and a demonstration of independence are also vital qualities.
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, the consumers of the justice system.
It is also imperative that the Chief Justice 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.
In the appointment of the Chief Justice, the constitutional process of
consultation with the Conference of Rulers is critical. 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.
Dato’ Ambiga Sreenevasan
President
Malaysian Bar
9 October 2008