Full text of speech by Prime Minister Datuk Seri Abdullah Ahmad Badawi delivered at the Malaysian Bar Council dinner at the JW Marriott Hotel, Kuala Lumpur.
Esteemed friends and colleagues
Ladies and gentlemen
A very good evening to all of you. It is an honour and a
pleasure for me to be here tonight. I would like to thank the Bar Council for
giving me the privilege of addressing this illustrious gathering. This is my
first opportunity to speak directly to the legal community and related members
of civil society since the recent General Election. As such, it is an important
occasion and I thank you for taking time out from your busy schedules to be here
tonight.
This occasion is particularly meaningful to all of us because of the presence of
a few special guests. It is heartening to see in this gathering Tun Salleh Abas,
Tan Sri Azmi Kamaruddin and Dato George Seah. Tan Sri Wan Hamzah had wanted to
join us tonight but was not able to.
Sadly, Tan Sri Eusoffe Abdolcadeer and Tan Sri Wan Suleiman are no longer with
us. But they are represented by their respective families: representing Tan Sri
Wan Suleiman are Puan Sri Siti Nurhayati and his son Wan Noor Azli; representing
Tan Sri Eusoffe are his granddaughter Brenda Lim and her husband.
For me and for many other Malaysians, these towering judicial
personalities represent a very different era for the nations judiciary. Many
felt that the judiciary then was a venerable institution which could be trusted
to deliver justice. Some even hailed Malaysia’s judiciary as a model for other
countries independent and credible.
This level of trust and respect for the judiciary, we must all admit, is simply
not as strong as it was before. Although efforts are being made now by the
present Chief Judge, still there are concerns related to capacity and
efficiency, stemming from long case backlogs, delays and the outdated manner of
court administration. There are concerns which are less tangible but are
nonetheless prevalent such as perceived corruption and perceived decline in
quality. The business community, in particular, have voiced concerns about the
fairness and capacity of Malaysia’s judiciary in settling disputes. This has
directly affected perceptions of our country’s economic competitiveness.
No nation can call itself fair and just without an efficient and trusted
judiciary. By trusted, I mean a judiciary that delivers justice and is seen to
deliver justice. In Malaysia’s case, debates and arguments on the state of our
judiciary have been heated and protracted. Some of the Malay Rulers have openly
voiced their disquiet on what they see as a decline, requiring nothing short of
a judicial renaissance. Some retired judges have related troubling tales of
impropriety. Politicians on both sides of the aisle have called for reform of
this most august institution. Even the Bar Council, true to form, has marched en
masse outside my office.
To a large extent, the events of 1988 have fuelled much of the disagreement on
how to move on. When I took office in 2003, I promised a credible, effective and
independent judiciary. I recommended judicial appointments in consultation with
the senior judges before bringing the names to DYMM Seri Paduka Baginda Yang Di
Pertuan Agong as required by the Federal Constitution. I pledged material and
fiscal support for the judicial service in order to reduce the backlog of cases.
I even took a political leap of faith by appointing an outspoken maverick as my
new de facto Law Minister. I can say with a clear conscience that I abided and
will continue to abide by the principle of separation of powers, leaving the
matter of justice to the judiciary. And yet the legacy of 1988 haunts us until
today.
Ladies and gentlemen,
Let us move on. The judiciary must be revitalised to enable
it to serve the people in pursuit of justice. The judiciary must be fortified to
be an institution that serves the democratic principle of separation of powers.
The judiciary must be the guardian of the Constitution and the sentinel of the
people’s rights.
This government gives its commitment to the Malaysian public that it will begin
a process of judicial reform. We recognise that this process must be undertaken
with the spirit and belief that no one, not even those entrusted to govern or to
make laws, must assume to be above the law. This government continues to guard
against abuse of its power, and is now proposing measures to further solidify
and entrench the doctrines of good governance and the rule of law.
Ladies and Gentlemen,
As a result of many events, which culminated in the inquiry undertaken by the
Royal Commission into the so–called V.K. Lingam Tape, I am aware that the public
considers the present way of appointing and promoting judges as inadequate. The
absence of a system in nominating candidates has led some to believe that the
process is characterised by abuse, even where there is none. As is often the
case, perception can lead reality.
On the other hand, some may argue that the present system does not require
improvement if people in the system are inherently honest and fair. The same
system has produced its share of outstanding judges after all.
I do not dispute this, but the fact is, we can no longer leave such an important
institution to hope and chance. The system must have built–in safeguards to
prevent potential abuse and it must have a process that will convincingly
identify the best legal minds in the country to join the judiciary. This is a
necessary part of ensuring that our nation’s judiciary is robust and trusted by
the people.
Moreover, the demands on the judiciary today are greater than ever before. An
increasing number of cases are being brought before the courts. There is a
growing body of law particularly in relation to specialised areas such as
Corporate Law, Information Technology, Maritime Law and Islamic Finance. With
these pressures comes the need for expert and speedy decision–making.
Therefore, the Government proposes a change to make the process of nominating,
appointing and promoting judges more transparent and representative.
I am pleased to announce to you tonight that the Government is proposing the
setting up of a Judicial Appointments Commission to identify and recommend
candidates for the judiciary to the Prime Minister. While the constitutional
prerogative of the Prime Minister to put forward names to DYMM Seri Paduka
Baginda Yang Di Pertuan Agong will remain, the Commission will help to evaluate
and vet candidates in a systematic and credible manner for the Prime Minister,
based on clearly defined criteria.
The process to bring about this change will begin now and I assure all of you
here today, that consultation on the workings and the structure of the
Commission will involve primary stakeholders. All will have a chance to provide
their input to the Government.
In addition, the Government will initiate a review of the judiciary’s terms of
service and remuneration. There is a pressing need to set salaries and
compensation to the right levels to ensure that the bench can attract and retain
the very best of the nation’s talent. This, and other measures which will be
announced in due course, will form a comprehensive package of reform to
strengthen the capacity and credibility of the judiciary.
Ladies and Gentlemen,
For many, the events of 1988 were an upheaval of the nation’s
judicial system. Rightly or wrongly, many disputed both the legality and
morality of the related proceedings. For me, personally, I feel it was a time of
crisis from which the nation never fully recovered.
Again, ladies and gentlemen, let us move on. I do not think it wise or helpful
to revisit past decisions as it would only serve to prolong the sense of crisis,
something our nation can do without. The rakyat wants movement and progress, not
continuing strife.
Therefore, the Government would like to recognise the contributions of these six
judges to the nation, their commitment towards upholding justice and to
acknowledge the pain and loss they have endured. For Tan Sri Eusoffe and Tan Sri
Wan Suleiman and their families, I know this sentiment is made too late. For Tun
Salleh Abas, Tan Sri Azmi Kamaruddin, Tan Sri Wan Hamzah and Dato George Seah,
although this acknowledgement is 20 years too late, it is made with much hope
that a measure of the pain and loss may yet be healed.
In recognition of the contributions of the six outstanding judges, the
Government has decided to make goodwill ex gratia payments to them. Gentlemen, I
do not presume to equate your contributions, pain and loss with mere currency,
but I hope that you could accept this as a heartfelt and sincere gesture to mend
what has been.
Ladies and gentlemen,
There is still much to do to renew the publics trust in the
nations judiciary and to ensure that justice is consistently delivered. What I
have announced here tonight is a beginning of a longer process towards reform. I
humbly seek your support for these measures because the need for reform may not
be entirely clear to all.
The government has set the ball rolling. We have put forward initial, but vital,
steps. Now it is for all parties concerned – the judiciary, the Bar, civil
society and the public at large – to also play their respective roles in
facilitating these reforms. Whatever our differences, we share the same idealism
for our nations judiciary. Let us work through our differences.
With this, it is my sincere hope that we may begin a new chapter for the
Malaysian judiciary. It is my hope that this becomes part of a bigger process to
further strengthen our democratic institutions, step–by–step resolving
intractable problems that have stood in the way of genuine nation–building. Let
us write this proud and new chapter together.
Thank you.
More than 600 guests are present
De facto Law Minister, Datuk Zaid Ibrahim
Tun Salleh Abas
Parliamentary Opposition Leader, Datuk Seri Wan
Azizah Wan Ismail
The late Tan Sri Wan Suleiman's widow, Puan Sri
Siti Nurhayati and his son Wan Noor Azli
Dato' George Seah's son, Basil Seah and friend
The late Tan Sri Eusoffe's granddaughter Brenda
Lim and her husband
VVIPs
Prime Minister gets a standing ovation