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Over the past few days, public statements1 have been made against the Chief Justice of Malaysia arising from views expressed by Her Ladyship. These statements, regrettably, have not only taken Her Ladyship’s comments out of context but have also sensationalised them to a degree that threatens to erode the very public trust upon which the Judiciary depends.
The recent remarks, as reported by the media, by former Minister in the Prime Minister’s Department in charge of legal affairs and judicial reform, Dato’ Seri Mohamed Nazri Abdul Aziz (“Dato’ Seri Nazri”), raise several points of concern. He alleges that the Chief Justice, The Right Honourable Tun Tengku Maimun binti Tuan Mat, had insinuated political interference in the Judiciary, and took Her Ladyship’s endorsement of the removal of the Prime Minister’s role in judicial appointments out of context — portraying it misleadingly as a direct affront to the Prime Minister, Dato’ Seri Anwar Ibrahim. In addition, he called on her not to make political remarks.
Contrary to the reported representations made by Dato’ Seri Nazri, Her Ladyship stated the following in her Keynote Address on 8 April 2025 at the 24th Commonwealth Law Conference held in Malta (6–10 April 2025):
[37] Of late, there have been proposals to amend the Judicial Appointments Commission Act 2009 and the Federal Constitution to remove the role of the Prime Minister in the appointment of judges. Such changes in my view, would reinforce the impartiality of the selection process, ensuring that judicial appointments remain firmly grounded on merit and free from any perception of political influence.2
To characterise the above call for reform as a “political remark” misses the point. The statement was clearly directed at necessary reforms, and Her Ladyship expressed her views in a measured and objective tone.
The doctrine of separation of powers remains a cornerstone of any functioning democracy. An integral part of that doctrine is the assurance that the process of judicial appointments is insulated from political influence.
While no system may be entirely perfect, it is imperative that every effort be made to safeguard the Judiciary from undue interference.
In this regard, robust and reasoned public discourse should not only be permitted, but encouraged. Meaningful debate — grounded in fact and driven by public interest — is essential in fostering accountability and in strengthening the very institutions we seek to protect.
The credibility of the courts depends not only on the quality of its judges, but on the integrity of the process by which they are appointed.
The Malaysian Bar remains steadfast in its defence of judicial independence — not merely as a legal doctrine, but as a lived reality.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
14 April 2025
1 “Nazri slams chief justice’s ‘political interference’ jibe, demands proof”, Free Malaysia Today, 14 April 2025.
2 Speech by The Right Honourable The Chief Justice Of Malaysia Tun Tengku Maimun Binti Tuan Mat on the Occasion of the 24th Commonwealth Law Conference: “Judicial Independence and Parliamentary Sovereignty — A Colossi of Roads?”, Malaysian Bar website, 9 April 2025.