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The Malaysian Bar notes with concern how the leadership transition at the highest level of the Judiciary has been handled. With the retirement of The Right Honourable Tun Tengku Maimun binti Tuan Mat (“The Right Honourable Tun Tengku Maimun”) as Chief Justice of Malaysia now concluded, the absence of a clear and timely succession plan reflects a lapse in institutional responsibility.
In an earlier statement,1 we cautioned against delay and silence in matters affecting judicial leadership and public confidence. Unfortunately, that concern has materialised. We are now faced with a situation that should have been avoided in a functioning constitutional democracy.
The Judiciary is not merely one of the three branches of government: it serves as the guardian of the rule of law and the final safeguard for constitutional rights. Its leadership must be treated with clarity, foresight, and respect. A seamless transition should have been assured well before the retirement of the sitting Chief Justice. The failure to do so sends an unsettling message — that the Judiciary can be left in uncertainty without due regard to its role and stature.
The Malaysian Bar records its deep appreciation for The Right Honourable Tun Tengku Maimun’s exemplary service. Her Ladyship presided over the Judiciary with independence, courage, and an unwavering commitment to justice. She upheld the highest standards of integrity and impartiality, earning the respect of the legal profession and the wider public.
We also acknowledge the contributions of The Right Honourable Tan Sri Datuk Amar Abang Iskandar bin Abang Hashim, President of the Court of Appeal, whose longstanding service reflects dedication and consistency in judicial leadership.
As both of them mark personal milestones this month, we extend our warm wishes and gratitude for their service to the nation.
That said, the principle of judicial independence is not symbolic. It is a constitutional guarantee that requires active protection. The lack of transparency surrounding the non-extension of the Chief Justice’s tenure and the delay in appointing a successor are more than administrative issues — they risk undermining public trust in the Judiciary.
This is a matter that goes to the heart of national governance.
The Malaysian Bar reminds all branches of government that the events of 1988 remain a permanent reminder of how fragile judicial independence can be when vigilance falters. The lessons from that episode must not be ignored. Any conduct or inaction that raises doubts about the independence of the Judiciary must be addressed.
As Parliament reconvenes later this month, we call upon Members of Parliament — particularly those from the legal profession — to express their views. Silence in the face of such uncertainty risks normalising it.
The Malaysian Bar urges the Executive to take the necessary steps to restore public confidence. Judicial independence must remain beyond compromise. It is the foundation of our democratic system and must be protected at all times.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
2 July 2025
1 “Press Release | Uncertainty at the Top Undermines Judicial Independence”, Malaysian Bar website, 30 June 2025.