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The Malaysian Bar expresses its deep concern over the inaction and lack of clarity regarding the impending retirement of the Chief Justice of Malaysia, now just a day away. As of today, there has been no formal announcement of a successor or whether an extension is to be granted. This level of silence and indecision on matters concerning the highest level of the Judiciary is indefensible.
The position of the Chief Justice is not symbolic — it is central to the integrity, independence, and functioning of the entire judicial system. Leaving the post in uncertainty so close to the retirement date reflects a failure in institutional responsibility. This is not merely an administrative lapse. A breakdown in governance risks damaging public confidence in the Judiciary and opens the door to speculation and unhealthy conjecture.
The Malaysian Bar has consistently refrained from advocating for or against the appointment or extension of any individual judge. Our role is not to lobby, endorse, or influence the appointment process. The Malaysian Bar respects and upholds that boundary. But we must also speak when institutional silence threatens judicial independence. What we are witnessing now is not an issue of lobbying or preference; it is an issue of urgency, transparency, and the proper functioning of a constitutional democracy.
Malaysia has clear precedents for handling transitions in judicial leadership. Acting appointments have been made when necessary, and leadership transitions have generally been dealt with adequate foresight. What is unfolding now is unprecedented. With less than 48 hours to go before the sitting Chief Justice retires, there is still no official word from the relevant authorities. This vacuum, at the very apex of the Judiciary, is as absurd as it is dangerous.
In the absence of clarity, the public begins to speculate. Rumours thrive, confidence erodes. None of this should be allowed to happen — and yet, all of it could have been easily avoided with timely action.
We take note of the Prime Minister’s remarks today1 regarding alleged lobbying for an extension of the Chief Justice’s tenure and the importance of safeguarding the Judiciary from politicisation. The Malaysian Bar fully supports the principle that judicial appointments must remain free from lobbying or external pressure. Our call for clarity on the impending transition is made in good faith and in line with our duty to uphold institutional continuity and public confidence in the administration of justice. At this critical juncture, what is required is clear leadership and timely, decisive action.
The Malaysian Bar calls on the authorities responsible to immediately announce the course of action — whether it be an extension or an appointment — in accordance with the Constitution and the Judicial Appointments Commission process. We agree in principle that judicial independence must be safeguarded from political interference and undue lobbying. However, we caution against conflating legitimate institutional concern and public accountability with politicisation.
There is a meaningful distinction between supporting or objecting to a particular person and calling out a systemic failure that may erode confidence in the rule of law.
Judicial independence is not merely an ideal to be praised in speeches; it must be protected through conduct and decision-making that inspires trust, not suspicion.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
30 June 2025
1 “PM pushes back against lobby to extend CJ’s term, calls it politicisation”, Malaysiakini, 30 June 2025.