PR Nizar -v- BN Zambry : Many expected that decision...and that is BAD

Nizar -v- Zambry... the problem was that many Malaysians (and others) already predicted the over-turning of the High Court decision by the Court of Appeal. Even, if the Court of Appeal affirmed it - people will expect the Federal Court to re-instate the BN man as the Menteri Besar as Perak...

This fact is bad...this perception of the Malaysian Judiciary is bad...and that is why we need to look again at our Malaysian Judiciary and see what needs to be done to cultivate again a Judiciary that is independent and impartial...

There really must be more checks and balances to ensure the independence of the judiciary...

a) Judges pay & pensions

There really is a need to increase the monthly wages of judges - and to re-look at the pension scheme. The current pension scheme for judges is really bad - for not only does a Judge lose all his 'allowances' and benefits, but he also not even assured of 50% of his last drawn salary. WHY? Because judge's pensions are determined and calculated by a odd formula that looks at the number of months that the judge has sat on the Bench. Hence, the worry about the future ...how will I survive after my retirement?

And guess what? The rich companies and the UMNO-led BN government can provide a solution for many judges...and this is not right.

Well, retired Judges could be appointed to become Human Rights Commissioners, or some other Commission members...a Consultant here and there... and these pay. They can also be made Directors, and will receive some Director's allowances. They could also be made Consultants in some 'big law' firm, and I heard they pay about RM50K a month..

The point is judge's independence can be compromised - and the so9lution may be Higher Pay for judges, and a Higher Pension.

Maybe the monthly pension should be 100% of last drawn salary (less allowances & benefits). Maybe every retiring judge should be paid RM250,000-00 and given a new car of a defines value, and this should be stated in written law.

b) Get rid of that 'contract Judge system' or probation judge system - the Judicial Commissioners. Just appoint them straight as judges...so they enjoy all that as been put in place to ensure independence. Remember security of tenure is one such safeguard.

Come take a 2-year contract as a Judicial Commissioner, and we will see. If you perform well, maybe we may appoint you as a Judge. [Hence, for 2 years, many judges may 'perform well' - being pro-BN and maybe even pro-BN related companies and persons...so that they be appointed Judge. After all to be not made a Judge after being Judicial Commissioner can be a rather embarassing..

This system of probation and 'short term contract' may also deter the better persons from accepting appointments as Judges...

c) Transfers and Elevations
- that is also a another tool that can be used to control Judges. If you do not 'tow the line' or do as expected [or maybe instructed], then you may be transferred and kept in some 'ulu' High Court. Sent them off to Tawau...etc.

- Similarly, if you do not tow the line - you may never get elevated...

- the appointed of former UMNO lawyer straight to become a Federal Court Judge, then No. 2 in the Judciary and now No. 1 in the Judiciary tends to demonstrate this bias..- see earlier postsFight Corruption in Courts - Get rid of corrupt Judges and court staff...and Zaki Azmi ,


- Augustine Paul of the infamous Anwar trial...went up rather quickly? Rewarded for good job done? Maybe ...maybe not.

Hence, the need for an independent commission to not only appoint judges, but to also look into the issue of transfers and elevations. Maybe candidates under consideration should be made known to the public, and time be given to the public to raise reasons why this person should not be made a judge...

Previously, when you just become judge you are sent to the far away courts ...and then you do the circuit...and finally return to KL ...thereafter elevated to the Court of Appeal...and so on. Maybe, something definite like this should be set out...

But SAFEGUARDS to ensure the independence of Judges all are of no use if the persons appointed as Judges are already 'bad apples'...

How, then do you reform the Judiciary?
Maybe, we have to get rid of all the Judges...
and re-appoint new persons as Judges...that may be the only solution...
Why? The 'existing' judges may already be corrupted...already sold their independence, and it is near impossible to weed out which is bad and which is not...

Any other ideas?