Independence of the Malaysian Judiciary - it all depends on 2 men,
1) YAA Tan Sri Dato’ Seri Md Raus bin Sharif, the current Chief Justice of the Federal Court, which was to end on 3rd August 2017, was to be extended for a further three(3) years beginning 4th August 2017.
2) YAA Tan Sri Dato Zulkefli bin Ahmad Makinudin, the
current President of the Court of Appeal, whose terms was to expire on 27th
September 2017, was extended for a further two(2) years beginning 28th
September.
If YAA Tan Sri Dato’ Seri Md Raus bin Sharif remain the Chief Justice of the Federal Court beyond 3/8/2017 - then 'security of tenure' a safeguard to ensure judicial independence is lost..
Security of tenure - From the date of appointment of a judge, he assured of his 'tenure' which in Malaysia should end on his retirement at 66 years. If the tenure can then be 'extended' by some other (Prime Minister/Chief Justice/etc...) then that is the end of 'security of tenure' - the last date must be a fixed date (cannot be extended by anyone)...
12. Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age or the expiry of their term of office, where such exists.- UN Basic Principles on the Independence of the Judiciary...
Remember, that
Why special treatment - to extend their term for 3 and 2 years respectively? Was there 'improper influences', 'inducements' or ...direct of indirect.... from any quarter for any reason? Who has the power to 'extend term beyond retirement'...and/or 'to keep them in the same position held' - Prime Minister, Chief Justice of the Federal Court...2. The judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences, direct or indirect, from any quarter or for any reason.
So, please...please YAA Tan Sri Dato’ Seri Md Raus bin Sharif and YAA Tan Sri Dato Zulkefli bin Ahmad Makinudin, please refuse the extension of term...and do retire on 3/8/2017 for the good of Malaysia and for the independence of the Judiciary...
This is my opinion.
See related posts:-
Chief Justice, even after retirement, for 3 more years? Wrong or Right?
4 Ogos - 'krisis badan kehakiman' jika YAA Tan Sri Dato’ Seri Md Raus kekal 'Chief Justice' untuk 3 tahun?
Basic Principles on the Independence of the Judiciary
Adopted by the Seventh United Nations Congress on the
Prevention of Crime and the Treatment of Offenders held at Milan from
26 August to
6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985
Whereas in the Charter of the United Nations the peoples of the world
affirm, inter alia , their determination to establish conditions under
which justice can be maintained to achieve international co-operation in
promoting and encouraging respect for human rights and fundamental
freedoms without any discrimination,
Whereas the Universal Declaration of Human Rights enshrines in
particular the principles of equality before the law, of the presumption
of innocence and of the right to a fair and public hearing by a
competent, independent and impartial tribunal established by law,
Whereas the International Covenants on Economic, Social and Cultural
Rights and on Civil and Political Rights both guarantee the exercise of
those rights, and in addition, the Covenant on Civil and Political
Rights further guarantees the right to be tried without undue delay,
Whereas frequently there still exists a gap between the vision underlying those principles and the actual situation,
Whereas the organization and administration of justice in every
country should be inspired by those principles, and efforts should be
undertaken to translate them fully into reality,
Whereas rules concerning the exercise of judicial office should aim
at enabling judges to act in accordance with those principles,
Whereas judges are charged with the ultimate decision over life, freedoms, rights, duties and property of citizens,
Whereas the Sixth United Nations Congress on the Prevention of Crime
and the Treatment of Offenders, by its resolution 16, called upon the
Committee on Crime Prevention and Control to include among its
priorities the elaboration of guidelines relating to the independence of
judges and the selection, professional training and status of judges
and prosecutors,
Whereas it is, therefore, appropriate that consideration be first
given to the role of judges in relation to the system of justice and to
the importance of their selection, training and conduct,
The following basic principles, formulated to assist Member States in
their task of securing and promoting the independence of the judiciary
should be taken into account and respected by Governments within the
framework of their national legislation and practice and be brought to
the attention of judges, lawyers, members of the executive and the
legislature and the public in general. The principles have been
formulated principally with professional judges in mind, but they apply
equally, as appropriate, to lay judges, where they exist.
Independence of the judiciary
1. The independence of the judiciary shall be guaranteed by the State
and enshrined in the Constitution or the law of the country. It is the
duty of all governmental and other institutions to respect and observe
the independence of the judiciary.
2. The judiciary shall decide matters before them impartially, on the
basis of facts and in accordance with the law, without any
restrictions, improper influences, inducements, pressures, threats or
interferences, direct or indirect, from any quarter or for any reason.
3. The judiciary shall have jurisdiction over all issues of a
judicial nature and shall have exclusive authority to decide whether an
issue submitted for its decision is within its competence as defined by
law.
4. There shall not be any inappropriate or unwarranted interference
with the judicial process, nor shall judicial decisions by the courts be
subject to revision. This principle is without prejudice to judicial
review or to mitigation or commutation by competent authorities of
sentences imposed by the judiciary, in accordance with the law.
5. Everyone shall have the right to be tried by ordinary courts or
tribunals using established legal procedures. Tribunals that do not use
the duly established procedures of the legal process shall not be
created to displace the jurisdiction belonging to the ordinary courts or
judicial tribunals.
6. The principle of the independence of the judiciary entitles and
requires the judiciary to ensure that judicial proceedings are conducted
fairly and that the rights of the parties are respected.
7. It is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions.
Freedom of expression and association
8. In accordance with the Universal Declaration of Human Rights,
members of the judiciary are like other citizens entitled to freedom of
expression, belief, association and assembly; provided, however, that in
exercising such rights, judges shall always conduct themselves in such a
manner as to preserve the dignity of their office and the impartiality
and independence of the judiciary.
9. Judges shall be free to form and join associations of judges or
other organizations to represent their interests, to promote their
professional training and to protect their judicial independence.
Qualifications, selection and training
10. Persons selected for judicial office shall be individuals of
integrity and ability with appropriate training or qualifications in
law. Any method of judicial selection shall safeguard against judicial
appointments for improper motives. In the selection of judges, there
shall be no discrimination against a person on the grounds of race,
colour, sex, religion, political or other opinion, national or social
origin, property, birth or status, except that a requirement, that a
candidate for judicial office must be a national of the country
concerned, shall not be considered discriminatory.
Conditions of service and tenure
11. The term of office of judges, their independence, security,
adequate remuneration, conditions of service, pensions and the age of
retirement shall be adequately secured by law.
12. Judges, whether appointed or elected, shall have guaranteed
tenure until a mandatory retirement age or the expiry of their term of
office, where such exists.
13. Promotion of judges, wherever such a system exists, should be
based on objective factors, in particular ability, integrity and
experience.
14. The assignment of cases to judges within the court to which they belong is an internal matter of judicial administration.
Professional secrecy and immunity
15. The judiciary shall be bound by professional secrecy with regard
to their deliberations and to confidential information acquired in the
course of their duties other than in public proceedings, and shall not
be compelled to testify on such matters.
16. Without prejudice to any disciplinary procedure or to any right
of appeal or to compensation from the State, in accordance with national
law, judges should enjoy personal immunity from civil suits for
monetary damages for improper acts or omissions in the exercise of their
judicial functions.
Discipline, suspension and removal
17. A charge or complaint made against a judge in his/her judicial
and professional capacity shall be processed expeditiously and fairly
under an appropriate procedure. The judge shall have the right to a fair
hearing. The examination of the matter at its initial stage shall be
kept confidential, unless otherwise requested by the judge.
18. Judges shall be subject to suspension or removal only for reasons
of incapacity or behaviour that renders them unfit to discharge their
duties.
19. All disciplinary, suspension or removal proceedings shall be
determined in accordance with established standards of judicial conduct.
20. Decisions in disciplinary, suspension or removal proceedings should be subject to an independent review. This principle may not apply to the decisions of the highest court and those of the legislature in impeachment or similar proceedings.
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