We need an urgent ROYAL COMMISSION OF INQUIRY for the Malaysian Judicial Crisis...
What is the ISSUE?
The ISSUE is to determine whether Prime Minister Anwar Ibrahim advised the KIng to persons/Judges to the High Court, Court of Appeal, Federal Court and to high Judicial Office like the Chief Justice, President of the Court of Appeal, etc - persons/judges not recommended by the Judicial Appointments Commission.
The law before the Judicial Appointments Commission - the Prime Minister had the absolute power to pick and chose, and advice the King to appoint who soever the Prime Minister wanted as Judges or to High Judicial Office.
WHY and what changed after the Judicial Appointments Commission Act?
In 2007, there was the Lingam Tape Scandal - what arose was the possibility of 3rd parties (lawyers, judges, corporate personalities, politicians and others) being able to INFLUENCE the Prime Minister when he advised the King to appoint/elevate Judges or appoint persons to Judicial High Office.
So after a RCI and much discussion - the decision was made to RESOLVE this possibility - and so, thereafter, the Judicial Appointments Commission will vet and decide who are suitable, qualified persons who ought to be appointed Judges and to Judicial High Office. The JAC will give the recommended names to the Prime Minister, and the PM will choose from the names given. If the PM wants additional recommendations, ask the JAC and the JAC will give. SO, Prime Minister's choice of persons/judges he should advice the KING to appoint/elevate as Judges or Judicial High Office is LIMITED to the persons recommended by the JAC.
Thus, the possibility of any 3rd parties influencing the PM on judicial appointments was ELIMINATED. Likewise the possibility of the PM choosing whoever he wants was ELIMINATED. The Prime Minister still had some choice BUT now it was limited to the persons recommended by the JAC only.
What happened that led to this 'Judicial Crisis'?
Well, the problem that the Prime Minister may not be following the recommendation and appointing Judges as he pleases has come up. The former Chief Justice in several speeches have 'hinted' the possibility of PM and/or executive interference in Judicial Appointments - does this mean that Judges have been appointed/elevated or appointed to Judicial High Office had been persons not recommended by the Judicial Appointments Commission?
Proof would have been there if not for obligation of secrecy imposed by law - and breaking it is an '...offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both...' This applies to members of the JAC and others.
Hence, we are stuck, and evidence of any wrongdoing cannot be accessed - Now, there are people who went to Court to get access to the JAC's minutes ...it will be difficult.
If we had the JAC Minutes, we will know if the Prime Minister dutifully followed the recommendation of the JAC with regard to Judicial Appointments? IF YES - then, there is no issue or wrongdoing on the part of the Prime Minister..
We also want to know if after receiving the JAC's recommendation/s, did the PM intentionally DELAY in advising the King. Why was there a 9 Month Delay in appointing the Chief Judge of the High Court of Malaya? What was there so many vacancies for High Court Judges, Court of Appeal Judges..
WAS the JAC to blame for the delay? The question is whether there is a need LAW to prevent delay, requiring the PM to forthwith advice the King on Judicial apopointments, maybe not more than 30 days of receipt of such recommendations.
32 Obligation of secrecy [JUDICIAL APPOINTMENTS COMMISSION ACT 2009]
(1) No member of the Commission and officers and servants of the Commission, whether during or after his tenure of office or employment, shall disclose any information or document obtained by him in the course of his duties.
(2) No other person who has by any means access to any information or documents relating to the affairs of the Commission shall disclose such information or document.
(3) Where any person ceases to be a member of the Commission, he shall return to the Secretary all papers and documents entrusted to him by virtue of his membership of the Commission.
(4) Any person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
ANOTHER issue that has come up - is that WHETHER the Prime Minister can choose to IGNORE the JAC's recommendation, and still can pick and choose judges on his own.
There is also the issue of whether the Judicial Appointments Commission Act is ULTRA VIRES the Federal Constitution... and thus need not be complied with?
Now, the Prime Minister, Ministers and even the Government of Malaysia are parties in various court cases - would people be confident that Justice will be done if the JUDGES are picked by the Prime Minister or the Executive... Mind you, before the new Chief Justice was named, the Prime Minister had meetings with Cabinet, and others...
In sports, would it it be fair is ONE side played a part in picking the REFEREEs? NO it is not right - Likewise when it comes to picking Judges, on making Judicial appointments, the Prime Minister and/or the Executive should have NO ROLE in picking Judges.
We need an INDEPENDENT Judicial Appointments Commission - and the JAC we have now also need to be improved, as the current 9 person JAC has 5 members who are appointed by the Prime Minister - '
(e) a Federal Court judge to be appointed by the Prime Minister; and
(f) four eminent persons, who are not members of the executive or other public service, appointed by the Prime Minister after consulting the Bar Council of Malaysia, the Sabah Law Association, the Advocates Association of Sarawak, the Attorney General of the Federation, the Attorney General of a State legal service or any other relevant bodies.
The Ruler's Conference wants to remove the PM's power of appointment of JAC members
The Conference of Rulers is proposing that five of the nine members of the Judicial Appointments Committee (JAC) no longer be appointed by the prime minister so that its composition is more balanced and does not carry the interest of any party.The Yang Dipertuan Besar of Negeri Sembilan, Tuanku Muhriz Tuanku Munawir, who chaired the 260th Conference of Rulers meeting today, said in terms of the judicial system, the Conference of Rulers is responsible for the appointment of judges in Malaysia, and at present, this process is seen as having weaknesses that can be improved, JAC's membership included.His Highness said JAC plays a key role in proposing judicial nominations, and therefore its membership was critical in ensuring that the committee continued to be looked up to and is capable of nominating judges of calibre and integrity."Instead, it (power to appoint JAC members) should be given to several other institutions such as the Malaysian Bar, the Sabah Law Society, Advocates Association of Sarawak and Parliament's Select Committee."Currently, JAC has nine members, four of whom are senior judges while five more are individuals appointed by the Prime Minister," Tuanku Muhriz said in his message in conjunction with the two-day 260th Conference of Rulers meeting that began yesterday at Istana Negara.- Astro Awani, 30/11/2022
Now we have a NEW Chief Justice - but the question is whether the person appointed was recommended by the then JAC that included the former Chief Justice - or NOT.
Wan Ahmad Farid’s political ties to 1MDB scandal-hit Najib have raised concerns about judicial independence - South China Morning Post, 18/7/2025
Which JAC recommended the name of the current Chief Justice, etc...Did not a previous JAC already make recommendations of who is qualified to be appointed Chief Justice?
Now, after the appointment of the NEW Chief Justice, new President of the Court of Appeal, etc - there has been a 'sudden acceleration' in judicial appointments.
In what is considered one of the largest intakes in recent years, 23 judicial commissioners (JCs) were sworn in on Wednesday by Chief Justice of Malaysia Datuk Wan Ahmad Farid Wan Salleh. - Edge, 13/8/2025
So, a possible question is whether:-
a) The previous JAC failed in their jobs in making speedy recommendation when a judicial vacancy wan imminent? REASONABLY the JAC ought to make recomendation when a vacancy is due, so judicial appointments can be made speedily - as soon as the vacancies happens.
b) OR did the JAC make the needed recommendations, but the Prime Minister procrastinated and did not act on the said recommendations maybe because the PM was unhappy with those recommended...What happened? Did the PM just wait until he had a JAC that he could influence who would make recommendation that the PM desired?
When the DOUBTS arose, all that Prime Minister Anwar Ibrahim needed to do was to simply state that the persons appointed/elevated as Judges were all persons recommended by the Judicial Appointments Commission(JAC) - but sadly, Anwar did not as the doubts grew and festered.
Sadly, there is STILL confusion as to whether the Prime Minister has the power to IGNORE the recommendation of the JAC - and pick some other to be appointed/elevated judge or appointed to Judicial High Office - if the PM can ignore the recommendations of the JAC, we are back to SQUARE ONE and the problems that were highlighted in the Lingam Tape scandal can still happen and others, including the PM, can influence Judicial Appointments in Malaysia.
Even the Attorney General seems confused:-
According to the statement, the AGC recognises the importance of public confidence in the judicial selection process and affirms the principle of independence of the judiciary as guaranteed by the Federal Constitution.
The appointment of superior court judges is provided for under Article 122B of the Federal Constitution which states that judges shall be appointed by the Yang di-Pertuan Agong on the advice of the prime minister, after consultation with the Conference of Rulers.
The Judicial Appointments Commission Act 2009 [Act 695] is a law that details the process for selecting prospective judges, but the power to advise the Yang di-Pertuan Agong lies exclusively with the prime minister. - Vibes, 8/7/2025
Can this problem be solved by the Courts? I do not think so ....
It is best to go back to a ROYAL COMMISSION OF INQUIRY(RCI), and other consultations - and finally back to Parliament to settle this issue once and for all...The RCI should have the power to see the minutes of the JAC - to determine the facts as to what happened, and to suggest proposals how we can really have an INDEPENDENT JUDICIAL APPOINTMENT procedure in Malaysia, where the PM and the Executive will have NO POWER when it comes to appointments or elevations or promotion within the Judiciary.
The Rulers Conference seems to be in favour of a Independent JAC - where there is no way a Prime Minister can decide appointments...
Consider the case of Yusoff Rawther vs Anwar Ibrahim - there was a JUDGE change - will the new Judge be INDEPENDENT when one of the party is Anwar Ibrahim.
Roz
Mawar Rozain must recuse herself from Yusoff Rawther - Anwar Ibrahim
case for justice to be seen to be done. Will judges 'picked' by Anwar be
INDEPENDENT in cases involving Anwar, family/friends or even his
government?
In the Anwar vs Mahathir case, there also has been a change a Judge...
A new judge will preside over former prime minister Tun Dr Mahathir Mohamad’s defamation suit against Prime Minister Datuk Seri Anwar Ibrahim, following a reassignment of the case. - Malay Mail, 12/8/2025
Justice Must Be Seen To Be Done - Will that happen when the Prime Minister can still choose, elevate and appoint whoever he wants to be JUDGE? For so long as the Prime Minister and/or Executive has the power to choose Judges - will there be FAIR TRIAL when one of the party is the Prime Minister, some Minister, some party leader, a GLC or the Government of Malaysia?
As it is, many foreign companies when they sign agreements with local companies - they remove the jurisdiction of Malaysian courts to hear any disputes. A show of no confidence on Malaysian courts ???
This must change - the Malaysian JUdiciary must RE-CLAIM its independence, integrity and competence..
Now, PM Anwar and his MADANI government is trying to avoid this issue of "judicial Crisis' - STOP and set up a truly independent ROYAL COMMISSION OF INQUIRY

PUTRAJAYA (July 28): Malaysia's judicial leadership saw significant changes with the promotion of two senior judges to the Federal Court, along with significant elevations across other courts.
Datuk Wan Ahmad Farid Wan Salleh and Datuk Azizah Nawawi will be sworn in as Federal Court judges, assuming the critical roles of Chief Justice and Chief Judge of Sabah and Sarawak, respectively.
Sources familiar with the matter have informed The Edge that six judges are slated for elevation to the Court of Appeal on Monday, while 14 Judicial Commissioners (JCs) will be confirmed as permanent High Court judges.
The newly appointed judges are expected to receive their instruments of appointment on Monday morning in a ceremony before the Agong, Sultan Ibrahim Sultan Iskandar. They will then take their oaths of office later in the afternoon.
Federal Court judge Datuk Abu Bakar Jais will also take his oath as the new President of the Court of Appeal.
Unlike permanent High Court judges who enjoy security of tenure, JCs serve on a probationary basis pending confirmation. As such, Monday's appointments mark a significant step in solidifying Malaysia's judicial leadership structure.
The promotion of six High Court judges to the Court of Appeal is expected to exacerbate existing vacancies in the High Court, potentially leaving nearly 30 positions unfilled.
This shortage has raised concerns among legal practitioners and the public about potential delays in case hearings, said observers.
While the 14 JCs will be confirmed as permanent High Court judges on Monday, the total number of High Court judges and JCs will remain at 70, failing to address the current shortfall.
Currently, according to the Judicial Appointment Commission (JAC) website, there are 24 vacancies for High Court judges or JCs to fill up the 94 posts nationwide. Hence, the six judges slated to be elevated to the appellate court would further increase the gap.
These vacancies would have to be handled by Wan Ahmad Farid, Abu Bakar, along with Azizah, who replaces the retired Tan Sri Abdul Rahman Sebli, and Chief Judge of Malaya Tan Sri Hasnah Mohamed Hashim. Hasnah is expected to retire in November with another three Federal Court judges.
JAC has also put up advertisements on its website for lawyers and those from the Attorney General's Chambers to fill up the posts.
The Malaysian Bar had highlighted the vacancies when its president Mohamad Ezri Abdul Wahab had said in a statement earlier this month that the “Walk to Safeguard Judicial Independence” was to voice grave institutional concerns regarding the state of the judiciary, the pressing issue of prolonged vacancies, the need for leadership continuity, and to urge reforms to safeguard the independence of one of the nation's most vital democratic institutions.
The Bar noted that court cases are scheduled for hearing as late as 2030 due to these vacancies in the judiciary. These delays, it added, are seen as a denial of justice and a looming crisis that needs to be addressed, read the statement.
Following the walk held on July 14, the legal eagles had also submitted a memorandum to the Prime Minister’s Office expressing this concern.


