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At the 79th Annual General Meeting of the Malaysian Bar held on 15 March 2025, the Malaysian Bar overwhelmingly adopted a resolution reaffirming its unwavering commitment to upholding and defending judicial independence. In essence, the resolution:
- Condemns in the strongest terms any interference with the independence of the Judiciary by the Executive, Legislature, or any other individuals or entities;
- Rejects any attempts by any person, whether from the Executive, Legislature, the Bar, or any other individuals or entities, to circumvent the constitutional and statutory framework for judicial appointments as enshrined in the Federal Constitution and the Judicial Appointments Commission Act 2009; and
- Calls upon the Government of Malaysia to establish an independent commission of inquiry to conduct a thorough and transparent investigation into whether there was any interference in the judicial appointments process, as alluded to by the Chief Justice, to determine whether proper constitutional and statutory procedures were followed.
This resolution was adopted in relation to the speech by The Right Honourable Chief Justice of Malaysia, Tun Tengku Maimun binti Tuan Mat at the Opening of the Legal Year 2025. Her Ladyship’s remarks suggested that there was potential and/or improper interference in the judicial appointments process by persons outside the established statutory and constitutional framework. Such concerns go to the very heart of judicial independence and the rule of law, which are fundamental pillars of our democracy.
Judicial independence is non-negotiable. The Malaysian Bar has long been at the forefront of protecting this independence, ensuring that the Judiciary remains free from undue influence. The Judiciary must be allowed to function independently, without fear or favour.
The Malaysian Bar welcomes the Prime Minister’s statement as reported by the media on 16 March 20251 that the Government of Malaysia does not interfere in the judicial deliberation process. We take note that the Prime Minister has consistently reiterated this position on various occasions2 and we welcome his reassurance.
However, any move to “examine and monitor” the Judiciary — as stated in the Prime Minister’s statement on 16 March — outside the current constitutional framework may be construed as interference, and there must be clear justifications for why this idea was even considered.
The Malaysian Bar remains resolute in its commitment to safeguarding judicial independence and ensuring that the Judiciary remains free from undue influence. Any measure that compromises judicial autonomy — whether through Executive overreach, Legislative encroachment, or external interference — risks undermining the fundamental principles of our democracy. The Malaysian Bar will continue to uphold and defend the independence of the Judiciary and will firmly oppose any initiative that threatens this cornerstone of the rule of law.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
19 March 2025
1 “Anwar reiterates government's commitment to judicial independence”, The Star, 16 March 2025.
2 “‘Enough is enough’: PM Anwar says political interference in judiciary a thing of the past”, Malay Mail, 13 October 2024; “PM Anwar Asserts No Interference in Court Decision on Rosmah’s Acquital”, Bernama, 20 December 2024.