Malaysian Bar affirms commitment to judicial independence with unanimous resolutions


KUALA LUMPUR: The Malaysian Bar unanimously passed two amended resolutions reaffirming its commitment to upholding judicial independence, rule of law, and separation of powers and condemning any interference by the executive, legislature or unauthorised individuals.

"This includes 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 provided in the Federal Constitution and the Judicial Appointments Commission Act 2009,” president Mohamad Ezri Abdul Wahab said after the conclusion of the Bar’s 79th annual general meeting here on Saturday (March 15).

He said the Bar also called upon the government to establish an independent commission of inquiry to conduct a thorough and transparent investigation into whether or not there was any interference, as alluded to in Chief Justice Tengku Maimun Tuan Mat’s speech, and to determine whether proper constitutional and statutory procedures were followed in recent judicial appointments.

"All members supported the revised resolutions at the AGM, throwing support for superior court judges against interference from the executive and legislature,” he said.

When asked, he said the Bar would submit the resolutions to the government in a week.

"From there, we will ask for their feedback and follow up further,” he said.

Mohamad Ezri said the second motion called for the Bar to take immediate action, whether through public statements or legal proceedings, in response to credible information regarding attempts to undermine judicial independence or improperly influence judicial appointments.

"The motion stated that the Bar must be committed to defending judiciary independence without fear or favour,” he said.

In her speech at the opening of the legal year in January, Tengku Maimun said judicial independence must be protected at all costs and that external interference in the appointment or promotion of judges was unacceptable.

Meanwhile, Mohamed Ezri said the AGM started at 10.35am, as the quorum of 500 members was obtained, with 722 members present.

While the position of secretary saw competition, the posts of president, vice president and treasurer were unopposed.

This means Mohamed Ezri remains the president for another term, and the same for vice-president Anand Raj and treasurer R. Jayabalan. Murshidah Mustafa is the secretary.

 

 

 

 

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