PETALING JAYA: With Chief Justice Tun Tengku Maimun Tuan Mat's retirement due on Tuesday (July 1), the unknown status of her successor reflects a failure in institutional responsibility, says Malaysian Bar president Mohamad Ezri Abdul Wahab.
He said the position of the Chief Justice is not merely symbolic but central to the integrity, independence and functioning of the entire judicial system.
As such, he said a breakdown in governance risks damaging public confidence in the judiciary, leaving it exposed to speculation and unhealthy conjecture.
Referring to Prime Minister Datuk Seri Anwar Ibrahim's comments earlier on Monday (June 30) on the alleged lobbying for an extension of Tengku Maimun's tenure and the importance of safeguarding the judiciary from politicisation, he said the Malaysian Bar fully supports the principle of judicial appointments remaining free from external influences.
Mohamad Ezri said the Bar had refrained from advocating for or against the appointment or extension of any individual judge as it was not its place to so.
"The Malaysian Bar respects and upholds this boundary. However, we must speak up when institutional silence threatens judicial independence. 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.
"What we are witnessing now is not an issue of lobbying or preference but that of urgency, transparency and the proper functioning of a constitutional democracy. It is unprecedented.
"This vacuum at the very apex of the Judiciary is as absurd as it is dangerous.
"As such, the Bar calls on the relevant authorities 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." he said in a statement.
Tengku Maimun turns 66 on Tuesday, the mandatory retirement age for judges. However, it is not known whether her tenure will be extended or not.
Earlier, Anwar said he does not interfere in judicial matters, including the appointment of judges or court decisions.
He said all appointments and extensions of service, including for judges, must follow procedures as outlined in the Federal Constitution.
