Finally, there is an announcement that Malaysia has a NEW Chief Justice, New President of the Court of Appeal, and a New Chief Judge of the High Court of Sabah and Sarawak.
The ONLY question is whether these appointments were LEGAL, in accordance with LAW, and today it requires also compliance with the Act of Parliament, the Judicial Appointments Commission Act of 2009.
What did the Judicial Appointments Commission Act of 2009 do? Well, it removed the ABSOLUTE discretion of the Prime Minister to choose persons/judges to be appointed or elevated - NOW, the Prime Minister's choices is RESTRICTED to just the persons/judges recommended by the said Judicial Appointments Commission. The PM cannot pick anyone NOT recommended by the JAC.
This is the CURRENT law - and it will not change until the the Judicial Appointments Commission Act of 2009 is REPEALED or AMENDED by Parliament, or maybe Federal Constitution also need to amended to state that the Prime Minister has still absolute discretion to pick and chose whoever he/she wants to be appointed Judge or to be elevated to higher Judicial Position or Office. The Constitution now does not say that the PM can ignore JAC Recommendations after the Judicial Appointments Commission Act of 2009.
Anwar and the current Pakatan Harapan government (including DAP) may disagree with how judges are appointed (where JAC recommendation MUST be followed) BUT no choice but to follow the law as it is -
It is sad to think that DAP, Amanah, PKR, Pakatan Harapan - wants to go back to the days that a Prime Minister can choose as he wishes who be appointed Judges, who be elevated to Judges of Higher Courts, who be made Chief Justice, President of Court of Appeal, etc ...
I am MOST DISAPPOINTED WITH PAKATAN HARAPAN, its member parties especially DAP, - WHY do they want to revert back to the days the PM chooses and do as he pleases with the Judiciary?
As, it is Malaysians are angry for the delay or cancellation of the REFORMASI - but, in this case, is it an attempt to 'cancel out' a REFORMASI we achieved in 2009 - when we removed the PM's freedom to chose Judges, and put in place the JAC - who now will pick and recommend who should be appointed/elevated Judges...
We moved FORWARD when we decided that who be made judges or elevated as Judges to higher courts and positions in the JUDICIARY should the Judicial Appointments Commission.
Even the Rulers Conference agrees, and in end 2022, proposed that the PM's role in appointing members in the Judicial Appointments Commission be removed..
DOUBTS have arisen that this Prime Minister Anwar Ibrahim may have been violating the law - in that he has been ignoring the recommendations of the Judicial Appointments Commission and picking person/judges not recommended by the JAC.
The KING is stuck - for he has NO CHOICE but to act as advised by the Prime Minister - this is clearly stated in the Federal Constitution. He cannot REFUSE to act as advised by the Prime Minister. He cannot even object to the said advice - even if he suspects that the Prime Minister is violating the law - so, says our FEDERAL Constitution. [But, I believe that the King can still HIGHLIGHT and voice out his concerns...nothing stopping him in law]. He can delay the swearing in UNTIL it can be confirmed that the appointment was in accordance with LAW - that Wan Farid was indeed recommended by the JAC, and not a PERSONAL CHOICE of Anwar Ibrahim.
Same too with the Rulers Conference, they can voice out their disagreements - but the Prime Minister can IGNORE it, like Anwar Ibrahim still ignores the Rulers call for the amendment of the Judicial Appointments Commission Act - to completely remove the power of the PM in choosing/appointing members of the JAC... [Again, nothing stopping them from HIGHLIGHTING their views to the Malaysian public...]
Same same with CABINET DECISIONS - nothing stopping members of Cabinet voicing out their different personal views/opinions - but none did yet on this issue..
What is INTERESTING in the recent appointments - is that it was NOT the King who appoints that made the announcement. It was not the Rulers Conference, even though Anwar may have hoped that they do - which may have made them complicit in an illegality. Neither was it the Prime Minister that made the announcement(although I see nothing in law that prevents him from making the announcement of who the King appointed.) Finally, the announcement comes from the Chief Registrar...
In a surprise twist, appellate court judge Datuk Wan Ahmad Farid Wan Salleh has been named the new Chief Justice. In a statement issued just after midnight on Friday, the office of the Chief Registrar of the Federal Court of Malaysia also named Federal Court judge Datuk Abu Bakar Jais as the President of the Court of Appeal (COA) and COA judge Datuk Azizah Nawawi as the Chief Judge of Sabah and Sarawak. The swearing-in and signing of the oath of office and oath of allegiance before the King will be held on July 28 at Istana Negara.
Now, when consulted, the Rulers Conference would not have agreed if the Prime Minister could not show that the names he submitted were as recommended by the Judicial Appointments Commission(JAC). The Constitution only requires the PM to 'consult' - he does not have to listen or agree with the Rulers Conference.
Now, with regard to persons appointment - what are the issues:-
Wan Ahmad Farid Wan Salleh who has been named the new Chief Justice
1 - Sadly, Wan Ahmad Farid was one of the Judges elevated to become a Court of Appeal Judge on 12/11/2024 - and there is the question whether that batch of appointment/elevation that involved 25 Judges was LEGAL - in compliance with the law? Were these persons recommended by the JAC as per the Judicial Appointments Commission Act 2009? The former Chief Justice shortly later 'highlighted' concerns about this...and issue of whether the PM was acting in accordance with the recommendation of the JAC was a concern.
2 - Reasonably, the JAC would have already considered and made recommendations when a vacancy is about to happen. So, the question is whether the JAC had made any recommendations about the persons to be appointed as NEW Chief Justice, NEW President of the Court of Appeal,... etc?
Was Wan Ahmad Farid even recommended by the JAC OR was Wan Ahmad Farid a personal choice of just the Prime Minister? This needs to be clarified.
If Wan Farid Wan Salleh was ILLEGALLY appointed, or appointed CONTRARY to Law, the he becomes an ILLEGAL Chief Justice? And most may never recognize or respect him as the LEGITIMATE Chief Justice of Malaya.
FORTUNATELY, he will only be FORMALLY appointed by the King on 28 JULY 2025.. so, could the KING delay the swearing in UNTIL it is confirmed that the LAW was followed...
BEST WAY FORWARD - Show proof to Malaysians and the people of the world, that Wan Farid was LEGITIMATELY, in accordance to law especially in compliance with the Judicial Commissions Act 2009, as the NEW Chief Justice...
What happens if these Judges were found to be ILLEGAL - not appointed in accordance to law?
Anwar totally 'confused' - Anwar says new CJ appointment clears him of judicial interference claim.
The QUESTION is whether Wan Farid was RECOMMENDED by the Judicial Appointments Commission or NOT - Was it Anwar's personal choice?
That is the CRISIS - Anwar... It is wrong to BEHAVE as though he has nothing to do with appointment of Judges... IT IS THE PRIME MINISTER who forwards to the King the person to be appointed Chief Justice or JUDGES - BUT, now the Law is that Anwar can only forward names that were recommended by the JAC..not anyone else? So, ability to forward names of 'cronys' or 'his friends' is GONE forever after 2009.. PM still have 'some choice' but confined to those recommended by the JAC (Judicial Appointments Commission)
Wan Farid is an ODD choice - it would normally be a Federal Court Judge...with some time as a Federal Court Judge...
Wan Farid was a High Court Judge - just appointed as a Court of Appeal Judge in November, 2024 - and in 7-8 months, as a Court of Appeal Judge, gets picked for the highest position in Malaysian Judiciary...something smells fishy...
Why did the Judicial Appointments Commission(JAC) recommend him as the Chief Justice(the HEAD of the Malaysian Judiciary)? OR it was NOT recommended by the JAC - and our Prime MINISTER Anwar picked Wan Farid on his own...
Now, Anwar can choose Azam Baki as head of MACC, and even pick Dusuki to be Attorney General - BUT no more that POWER when it comes to Judges - It was eliminated after Judicial Commissions Appointment Act 2009? - Next,. we should deal with the PM's power to decide who becomes Public Prosecutor/AG, or Heads of Law Enforcement
I believe we have to FREE law enforcement, Public Prosecutors ... we cannot allow the PM to still have TOTAL power in terms of appointment...
KUALA LUMPUR (July 18): In a surprise twist, appellate court judge Datuk Wan Ahmad Farid Wan Salleh has been named the new Chief Justice.
In a statement issued just after midnight on Friday, the office of the Chief Registrar of the Federal Court of Malaysia also named Federal Court judge Datuk Abu Bakar Jais as the President of the Court of Appeal (COA) and COA judge Datuk Azizah Nawawi as the Chief Judge of Sabah and Sarawak.
The swearing-in and signing of the oath of office and oath of allegiance before the King will be held on July 28 at Istana Negara.
The announcement comes after weeks of criticism levelled against the government for its lack of clarity over top judicial positions left vacant.
Former CJ Tun Tengku Maimun Tuan Mat reached the mandatory retirement age of 66 on July 1. Tengku Maimun, along with former COA President Tan Sri Abang Iskandar Abang Hashim, who retired on July 2, were not given the conventional six-month extension usually granted to Federal Court judges.
Since then, Chief Judge of Malaya (CJM) Tan Sri Hasnah Mohamed Hashim had been taking on the responsibilities of the CJ’s post while apex court judge Datuk Zabariah Mohd Yusof had been taking on the responsibilities of the COA President’s post.
Wan Ahmad Farid, ex-Umno man who started his journey in the judiciary since 2015
Wan Ahmad Farid, who is a former Umno politician from Terengganu, served as a senator and was the deputy home minister from March 2008 to April 2009 during Tun Abdulah Ahmad Badawi's administration.
It was reported previously that Wan Ahmad Farid, 62, resigned from Umno before he entered the judiciary as a Judicial Commissioner in December 2015.
Wan Ahmad Farid has notably recused himself from hearing Umno-related cases in the past, as he said the public’s perception of the independence of the judiciary should not be put in doubt.
For instance, in May 2017, Wan Ahmad Farid recused himself from presiding over former prime minister Datuk Seri Najib Razak's defamation suit against former Petaling Jaya Utara Member of Parliament Tony Pua.
In 2022, he again recused himself from hearing Najib's application to allow a King's Council from the UK to represent him in his final appeal in the SRC International Sdn Bhd case.
In Nov last year Wan Ahmad Farid also ordered the police to complete their investigations into the death of Teoh Beng Hock, who died 16 years ago, within six months. He found that the police investigation was not conducted with all convenient speed.
More recently, Wan Ahmad Farid was part of the three-member panel which unanimously ruled that the government would retain the massive disputed 'Duta enclave' land, on the grounds that Semantan Estate (1952) Sdn Bhd is not eligible to the land title.
Following Wan Ahmad Farid’s stint as a JC, he was confirmed as a High Court judge in August 2019. He was elevated to the Court of Appeal (COA) on Nov 12 last year.
The University of West London alumnus is currently the 26th-senior judge among the appellate court judges.
Abu Bakar Jais began his journey as a judge over a decade ago
Abu Bakar Jais, 63, became a judicial commissioner in July 2013 after decades in private practice as a lawyer. He was confirmed as a High Court judge in March 2016. He was elevated to the COA in December 2019 and then subsequently elevated to the apex court in June 2023.
He is an alumnus of Universiti Malaya and University of London.
In one of his decisions last year, Abu Bakar along with Abang Iskandar had ruled in the majority to dismiss a woman's final challenge to change her Muslim religious status. Former apex court judge Datuk Mary Lim Thiam Suan dissented.
Abu Bakar said that although he is aware that some held the view that the Shariah Courts are inferior courts, which would enable the Civil Courts to possibly "review its decisions", there were case laws which stated otherwise. He added that the Shariah High Court is a competent court under the Federal Constitution.
In 2017, Abu Bakar dismissed former prime minister Tun Mahathir Mohamad's suit against then-PM Najib over the 1Malaysia Development Berhad (1MDB) scandal. He ruled that a PM cannot be sued for abuse of power in office, as he is not a public official, but rather, merely a member in public office's administration.
Azizah, a career judicial and legal services woman
Datuk Azizah Nawawi, 63, was appointed as a JC in November 2012, and was confirmed as a High Court judge in September 2014. She was elevated to the COA in August 2019.
Azizah, a Sarawakian, is the senior-most COA judge at the moment, had previously served as the head of the Civil Division in the Attorney General's Chambers (AGC).
Most recently, she was the sole dissenting judge in a three-member panel presiding over Najib's appeal on a royal addendum which allows him to serve the remainder of his prison term under house arrest. She ruled that some evidence produced to back Najib's claim was based on hearsay and there was no merit to adduce any other fresh evidence. - Edge, 18/7/2025
Anwar says new CJ appointment clears him of judicial interference claim
PUTRAJAYA, July 18 — Prime Minister Datuk Seri Anwar Ibrahim said the appointment of a new Chief Justice has vindicated him over claims he wanted former attorney general Tan Sri Ahmad Terrirudin Salleh named to the role.
The PM acknowledged the speculation but insisted that this was baseless and stemmed from unnamed members of the legal fraternity whom he accused of “politicking”.
“The complaints and grievances that were hurled at me for weeks, the criticisms, the slander, but now, it turns out that those claims were completely off the mark,” he told reporters after performing Friday prayers at Surau Al-Istiqlal in Presint 14 here.
“There were names being thrown around, I can say it, including a former attorney general who served with distinction and is now a Federal Court judge.
“However, because he still has many years ahead of him, his name was never proposed in the first place. His name was not brought up by me, nor was it discussed by the Conference of Rulers.”
Anwar then said he hoped that the matter would now be put to rest, and stressed that he had never interfered in the judicial process, nor exercised any prerogative to remove judges.
“Those who insulted, slandered, and contributed to the judicial crisis, let it be clear, I did not remove any judge, I did not transfer any judge at will, and I did not interfere with any decision. I did not issue instructions to the Chief Justice or to any Court of Appeal judges, as had happened in the past.
“We have not done any of that, because we must uphold the independence and dignity of the judiciary,” he said.
Court of Appeal Judge Wan Ahmad Farid will be sworn in as the country's 17th Chief Justice on July 28, succeeding Tengku Maimun, who retired on July 2.
Datuk Abu Bakar Jais has been appointed as the new president of the Court of Appeal, while Datuk Azizah Nawawi has been appointed Chief Judge of Sabah and Sarawak.
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