Kuala lumpur: The MADANI government has taken note of the concerns raised by the Malaysian Bar through their ‘Walk to Safeguard Judicial Independence’ and is committed to addressing these concerns responsibly within the Federal Constitution’s framework. Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, emphasized the government’s dedication to transparency in the appointment of Superior Court Judges.

According to BERNAMA News Agency, Azalina announced the initiation of a Comparative Study of the Judicial Appointment System by the Legal Affairs Division of the Prime Minister’s Department last week. This study aims to clarify the role of the Judicial Appointments Commission (JAC) and address the issues highlighted by the Malaysian Bar. Azalina stated that the government remains open to input from all parties, including the Malaysian Bar, who will be invited to participate in the study to ensure a transparent and trusted judicial appointment system.

Azalina highlighted the importance of considering the Malaysian Bar’s concerns within the framework of existing laws, including the Federal Constitution and the Judicial Appointments Commission Act 2009. She stressed the need to respect the role of the constitution, which underpins the country’s judicial independence.

The Federal Constitution provides a mechanism to address judicial misconduct, as outlined by Azalina. Articles 125(3) and (4) empower the Yang di-Pertuan Agong to establish a tribunal to investigate misconduct allegations, with the potential suspension of judges on the Prime Minister’s advice after consulting the Chief Justice. Additionally, Article 125(3A) empowers the Chief Justice to refer ethical breaches to the Judicial Ethics Committee, established under the Judges’ Ethics Committee Act 2010.

Article 125(3B) allows for the establishment of a code of ethics to maintain high standards of judicial conduct. The Judges’ Code of Ethics 2009 serves as a reference for setting clear and legally binding standards for judges. This ethical framework ensures judiciary independence from political or external influence, safeguarding the Constitution’s supremacy and the rule of law. Azalina concluded by emphasizing the importance of this independence in maintaining public confidence in the justice system.