“What crisis is there?" said Anwar. "I did not expel any judges, and I did not refer any judges to the tribunal.“I did not interfere in any decisions, nor did I give any judges orders, unlike previous administrations."This is because the independence of the judiciary must be upheld,” he added.
The CRISIS is about the choosing of Judges - not about interference with decisions, etc...
One major REFORM happens after Judicial Appointments Commission Act 2009, after the Judicial Appointments Commission(JAC) was formed. The ongoing issue, is whether Judges, not recommended by the JAC according to law, have been appointed Judges in Malaysia? The issue is also whether the Prime Minister delayed on acting on the JAC's recommendations that resulted in SO MANY judicial vacancies (about 31 as of 26/7/2025)?
Before, after the Lingam Tape Scandal, it was discovered that the Prime Minister could be influenced or even 'pressured' by 3rd parties when it comes to the choosing and appointment of judges, deciding which Judge will be elevated to higher courts, and even the appointment of Chief Justice, President of the Court of Appeal, Chief Judge of the 2 High Courts - of Malaya and Sabah-Sarawak.
This came light in the Lingam Tape Scandal, where there was also a Royal Commission of Inquiry -and at the end of the day Parliament decided to deal with the problem.
They removed the then free choice of the Prime Minister to pick and advice the King on Judicial Appointments. They crated the Judicial Appointments Commission who will vet and decide qualified persons to be appointed Judges, or elevated to higher courts or appointed to the 4 high position of the Judiciary - Chief Justice, etc.
Thereafter, the Prime Minister’s choices was limited to the persons/judges vetted and recommended by the JAC.
The Prime Minister’s choices were now limited to those recommended by the JAC. The PM thus still had a choice because of each Judicial vacancy, the JAC recommended 2 or 3,and if the Prime Minister is not happy, he can ask for further 2 recommendations.
Section 27 Request for further selection by the Prime Minister [JUDICIAL APPOINTMENTS COMMISSION ACT 2009]
The Prime Minister may, after receiving the report under section 26, request for two more names to be selected and recommended for his consideration with respect to any vacancy to the office of the Chief Justice of the Federal Court, the President of the Court of Appeal, the Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak, judges of the Federal Court and the Court of Appeal, and the Commission shall, as soon as may be practicable, comply with the request in accordance with the selection process as prescribed in the regulations made under this Act.
This put an END to the Prime Minister choosing whosoever he pleases - the end of the possibility of 3rd parties influencing the PM on judicial appointments.
Who were these 3rd parties? It could be corporate persons, lawyers, judges, politicians, Ministers or anyone else
Now, we have an Independent Judicial Appointments Commission who picks suitably qualified persons - after the Judicial Appointments Commission Act 2009.
What is the problem now? There is a DOUBT that this Prime Minister Anwar Ibrahim may have been appointing/elevating Judges persons not recommended by the JAC...Or ignoring recommendations of the JAC.
It LOOKED LIKE PM Anwar Ibrahim wanted to go back to the pre-2009 days - when the Prime Minister had a FREE HAND to choose who he wanted to appoint as Judges, elevate as Judges of Higher Courts, choose who be appointed as Chief Justice - sorry, that ERA is GONE, after Parliament wisely enacted the Judicial Appointments Commission Act 2009.
What is the other problem? That even after the JAC has given their recommendations to the PM, he (for whatever reason), maybe because he is unhappy with the recommendations or he wants some other, may have DELAYED the appointment of Judges.
This may explain the about 9 month delay in the appointment of Chief Judge of the High Court of Malaya, and the about 30 vacancies...HC Judges , Appeal Court Judges ... And even the new Chief Justice and the President of the Court of Appeal (where reasonably would have been recommended by the JAC long before the Chief Justice, President of the Court of Appeal ,... retired ....
Concern is also whether the Prime Minister have been waiting for a JAC he could influence and/or 'control' ?
So, did the JAC already make recommendations, including additional recommendations about appointments that the PM chose to simply delay in advising the King? So was this the reason for the DELAYS
Or did the Prime Minister after taking the 1st recommendations of the JAC WAIT to get back to the JAC for the 2nd additional recommendations? Did he wait until he get a JAC that he knew would give him the recommendations he wanted - the kind of Judges he wanted?
WRONG WRONG if the Prime Minister did any of this :-
a) IGNORED the Recommendation of the JAC and choose who he wanted as Judges or who he wanted on his own choice?
WHY WRONG? He ignored to follow the LAW - more important the very reasons why Parliament(including the King) decided to form the JAC and enact the Judicial Appointments Commission Act 2009?
b) Wrong if delayed advising the King because he did not like the Recommendations of the JAC, or was waiting for a JAC of his liking to make NEW or ADDITIONAL recommendations? So, which JAC reccomended Wan Farid to be appointed Chief Justice - was it the JAC, whose members included Tengku Maimun, and President of COA - or was it a new JAC that now had ACTING Chief Justice and Acting COA President? Malaysians need to know this - and sadly the Government has been most VAGUE about this...and here lies the problem..
For a long time, NOBODY was certain as to whether Judicial Appointments were as recommended by the JAC - Anwar, his Ministers/people were just talking about due Compliance with the Federal Constitution, BUT no mention of compliance with the Judicial Appointments Act 2009? Then, on 18
"On the appointment of the Chief Justice, the prime minister said that all the slander and accusations that had been circulating have now been answered. The appointment process followed what is stated in the Federal Constitution.
"The names submitted were those recommended by the Judicial Appointments Commission (JAC). There were no names outside of this list, and the process was in full compliance with the JAC Act and Article 122B of the Constitution," he [Communications Minister Fahmi Fadzil] said. - NST, 18/7/2025
Interestingly, this may be the FIRST time, that the government talked about due compliance with the JAC Act - before this all they said was that the appointment will be as per Federal Constitution, Article 122B.
Yes, even Home Minister Nasution, a few days before had said
Home Minister Datuk Seri Saifuddin Nasution Ismail today said that the appointment process for the current vacancy for Chief Justice is clearly defined in the Federal Constitution and must be respected without any political interference.
He said the appointment of the Chief Justice is governed by Article 122B of the Federal Constitution, which stipulates that the Yang di-Pertuan Agong appoints the position on the advice of the Prime Minister and after consulting the Conference of Rulers.
“These three steps are enshrined in our Federal Constitution. There is no room for speculation or baseless accusations of executive interference,” Saifuddin told reporters during a press conference here today. - Malay Mail, 16/7/2025
Note NO mention of the JAC Act - and/or due compliance with that JAC Act >
It became a MAJOR CONCERN because it seems the PM Anwar and his government FAILED to CLEARLY state that appointments are in compliance with the JAC Act 2009... that the appointments/elevations were as recommended by the JAC, and that too the correct JAC, not some later JAC.
JAC reasonably should recommend way before a Judge retires or there is already a vacancy.
Note, the next Chief Judge of Sabah and Sarawak was announced on 18/7/2025, with the swearing in on 28/7/2025.. The then current Chief Judge of Sabah and Sarawak retires on 25/7/2025 - this is CORRECT Way.
Announcement before the retirement of judge, and swearing in on the day of retirement of the previous holder of Judicial Office is expected - so, there is no GAPs between end of service and new Judge taking over...SO, Anwar must explain 9 month delay in appointment of Chief Judge of Malaya, the existence of about 30 vacancies in judges, the DELAY in the announcement of the NEW CJ and President of the Court of Appeal, which rightly should have been announced before (or at least on the day of retirement being 2/7/2025) ...
Tan Sri Abdul Rahman Sebli has retired as the Chief Judge of Sabah and Sarawak, after over 41 years of serving the nation — including 17 years at the High Court, Court of Appeal and Federal Court. - Malay Mail, 25/7/2025
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....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. - Edge 18/7/2025
Anwar WRONG to think that the 'JUDICIAL CRISIS' ends with the appointment of the new Chief Justice - it is far from over...
Was the current Chief Justice recommended by the JAC chaired by the former Chief Justice? Was it recommended by the JAC after the retirement - so, by a NEW JAC which did not include the former Chief Justice or President of Court of Appeal - but just Acting CJ and COA President?
ALL this will become clear when we have sight of JAC Minutes, just to see who the JAC recommended and WHEN, and recomended additional names on the request of the Prime Minister and WHEN? What we need is HONESTY and TRANSPARENCY...
There were OTHER issues that was raised, which are also important but should be treated separately, and NOT DISTRACT us from the MAIN ISSUE - Did the Prime Minister advise the King to appoint Judges as per the recommendation of the JAC in accordance to law?
OTHER issues-
Allegation of a judge interfering - this really should never be dealt by the JAC in the first place - the Judiciary has their own mechanism to deal with Judicial Misconduct.
Maybe, the issue came up when JAC was doing their duty '...to select suitably qualified persons who merit appointment as judges of the superior court for the Prime Minister's consideration...'. Was this Judge being considered for elevation, etc? As mentioned earlier, the JAC does not deal with allegation of judicial misconduct...
Sadly, Nurul Izzah and some have been raising this trying to maybe DISTRACT from the MAIN issue.
Can the Prime Minister just follow the Federal Constitution, and not the Judicial Appointments Commission Act?
In my opinion, NO. Remember, this was an Act of Parliament - are you suggesting that Parliament (Dewan Rakyat. Senate and the King) were FOOLISH to enact this law - which was not to be followed because it goes against the Federal Constitution? This Act, does not go against the Federal Constitution at all - as it only RESTRICTS the persons/judges that the PM can now advise the King to appoint.
One strategy by State is sometimes DISTRACTION - from the main issues..
Did Nurul Izzah try to distract us from the MAIN issues affecting her father, Anwar, by focusing issue on ONE minor but different, and still important issue - the issue of judicial interference by another judge?
Did Anwar Ibrahim also try to distract when he said something like 'Malaysia's Anwar says new Chief Justice appointment clears him of interference claims'? - NO, it was much more than that..
Now, they are trying to distract us with the issue of LEAKING of confidential info or 'Secrets' covered by the Official Secrets Act - it is a issue...but let us not be distracted by what I consider the main issue...as discussed above.
BIG PROBLEM NOW - What will happen to the Chief Justice and the other judges appointed during Anwar's premiership - if it is later discovered that they were NEVER RECOMMENDED by the Judicial Appointments Commission as required by law, or rightly...Will all these JUDGES be then REMOVED?
WHAT DO WE DO NOW? That is the question now. Do we drop this issue, because if judges were found to have been illegally appointed because the Prime Minister advised the King to appoint judges, not recommended by the 'correct' JAC, then their appointment is 'void ab initio'?
LEAVE IT - well, the top 4 of the Judiciary, and 5 other PM's choices are the Judicial Appointments Commission - and so they decide on all future judges - so, it may be an issue we cannot ignore...
Some believe that the PM do not have to follow the JAC recommendations, or even that the Judicial Appointments Commission Act is 'ultra vires' the Federal Constitution(i.e. illegal law?) - there are (and maybe more challenges in court) - but problem is that these very judges whose legality of appointment is being question may end up hearing and deciding....problem problem..so will they make a decision which will jeopardize their own appointments?
Is this a 'Judicial Crisis' that has already happened - and there may be no way out ...???
Malaysia's Anwar says new Chief Justice appointment clears him of interference claims
“I did not interfere in any decisions, nor did I give any judges orders, unlike previous administrations,” says Malaysian Prime Minister Anwar Ibrahim.
File photo: Malaysian Prime Minister Anwar Ibrahim speaks during a press conference at Merdeka Palace in Jakarta, Indonesia, on Jun 27, 2025. (AP Photo/Achmad Ibrahim)
“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 had been battling growing public pressure over allegations that his government was interfering in the senior appointments of leadership in the judiciary and that he was at odds with certain members of the Judicial Appointment Commission (JAC).
There was widespread speculation among lawyers and retired jurists that the Conference of Rulers had come to some agreement on the appointment of candidates proposed by the premier.
Anwar said he hoped the matter would now be put to rest, and stressed that he had never interfered in the judicial process, nor exercise any prerogative to remove judges, news outlet Malay Mail reported.
According to news outlet The Star, Anwar said any delays in announcing the new appointments stemmed from the lengthy appointment process.
“What crisis is there?" said Anwar. "I did not expel any judges, and I did not refer any judges to the tribunal.
“I did not interfere in any decisions, nor did I give any judges orders, unlike previous administrations.
"This is because the independence of the judiciary must be upheld,” he added.
Malaysia’s King Sultan Iskandar Sultan Ibrahim on Friday officially consented to the promotion of two judges nominated by Prime Minister Anwar Ibrahim.
The Chief Registrar of the Federal Court said in a statement issued on early Friday morning that Wan Farid Wan Salleh and Abu Bakar Jais have been appointed as Chief Justice and President of the Court of Appeal respectively.
A former politician from the United Malays National Organisation, Wan Farid retired from politics and was appointed a judge to the High Court in August 2018. He was promoted to the Court of Appeal in November last year.
Abu Bakar was appointed a judge to the High Court in July 2013, before being promoted to the Federal Court two years ago.
The leadership vacuum follows the retirement of Chief Justice Tengku Maimun Tuan Mat and President of the Court of Appeal Abang Iskandar Abang Ismail earlier this month, after both justices reached their retirement age of 66.
The statement added that Azizah Nawawi, a Court of Appeal judge, will be taking over as Chief Judge for the High Court of Sabah and Sarawak from Abdul Rahman Selbi, who is set to retire.
The new judges will be sworn in at the National Palace in Kuala Lumpur on Jul 28.
Growing public anger was largely due to widespread speculation that Anwar was considering Terrirudin for higher office, placing the latter at the centre of the political storm whipped up by the crisis in the judiciary.
Last weekend, purported leaked confidential minutes of a JAC meeting in May alleged that his conduct as a judge raised serious questions about his suitability for high office in the judiciary.
Anwar also addressed the spread of misinformation, highlighting that rumours of Terrirudin being proposed as a top judge were flawed and politically motivated by some lawyers, The Star reported.
“It was disseminated among several senior lawyers who are playing politics. I don’t believe this is a view represented by all,” he said, as quoted by The Star.
He emphasised the importance of the judiciary as a pillar of a sovereign, independent country practising parliamentary democracy.
Anwar also congratulated Wan Farid, Abu Bakar and Azizah on their appointments, expressing confidence in their ability to execute their duties excellently.
Nurul Izzah calls for probe into allegations of judicial interference
PUTRAJAYA: PKR deputy president Nurul Izzah Anwar has called for a probe into allegations of judicial interference and leak of what is believed to be confidential minutes from a Judicial Appointments Commission (JAC) meeting.
"It is important that these allegations be investigated to restore trust in our judiciary," said the daughter of Prime Minister Datuk Seri Anwar Ibrahim in a statement during the Malaysian Bar's walk in front of the Palace of Justice on Monday (July 14).
"Investigations can commence under Article 125 of the Federal Constitution through the establishment of an independent tribunal comprising at least five senior judges," she added.
Nurul Izzah then said that such actions will go a long way to preserve the faith in the systems and added that the judiciary, executive and the legislature exist to keep one another in check by ensuring that no single branch can operate without accountability.
She added that she attended the walk to safeguard the judiciary.
"Today, we exercise the right to peaceful assembly guaranteed by the constitution and upheld by the Prime Minister.
"In the spirit of reform and justice, which are the foundations of Keadilan, we need to improve the existing structure by making it more transparent.
"An independent judiciary is the essential bulwark against overreach by the executive, the cabinet, and the government as a whole," she said.
Nurul Izzah added that court decisions censure Parliament if and when laws which are oppressive and unconstitutional are introduced.
"Bearing all this in mind, the most crucial thing in an independent judicial system is the lack of interference from internal or external forces.
"As such, persons appointed as the Chief Justice of Malaya; President of the Court of Appeal, the Chief Judge of Malaya and the Chief Judge of Sabah and Sarawak must not only be capable but also be of the highest moral integrity to carry out the job," she said.
Currently, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is assuming the responsibility and duties of the CJ, while Federal Court judge Datuk Zabariah Mohd Yusof, similarly, is taking over the tasks and responsibilities of the Court of Appeal President.
On Sunday, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the appointment of a new chief justice to head the judiciary will be decided only after the next Conference of Rulers scheduled for July 15-17.
Police have also launched an investigation into the alleged leak and dissemination of what is believed to be confidential minutes from a JAC meeting.- Star, 14/7/2025
Over 30 empty benches threaten justice process nationwide as judicial scandal escalates
It comes amid growing public outrage over allegations of judicial meddling by Anwar Ibrahim.
More than thirty vacancies for senior judges remain unfilled, threatening Malaysia's judicial system as courts across the country are forced to postpone trials for years amid escalating public outrage against Prime Minister Anwar Ibrahim over allegations of judicial interference.
MalaysiaNow has learnt that at least 30 benches of the Federal Court, Court of Appeal and High Courts remain vacant.
These are in addition to the controversy surrounding the search for a permanent Chief Justice as well as the President of the Court of Appeal, exacerbated by the explosive leakage of an official document which critics say indicates that the prime minister is flexing his muscles to fill the country's highest judicial posts.
The 30 empty benches include 24 judges for the High Courts, three for the Court of Appeal and two for the Federal Court.
A source familiar with the process of appointing judges said that while the posts had been "vacant for some time", filling them would now "be more complicated".
"This is more so because there is a general perception that the JAC's recommendations have been rejected," the source said, referring to the Judicial Appointments Commission, the body that advises the government on the appointment and promotion of senior judges.
This comes at a time when Anwar has reportedly rejected the recommendations of JAC and former chief justice Tengku Maimun Tuan Mat for her successor and for the post of the Chief Judge of Malaya (CJM).
It followed the retirement of Tengku Maimun and Abang Iskandar Abang Hashim as the chief justice and president of Court of Appeal respectively.
In the absence of permanent successors, the two posts were temporarily filled by two judges.
Earlier this month, CJM Hasnah Hashim assumed the dual role of acting chief justice, while Federal Court judge Zabariah Yusof was given the role of acting president of the Court of Appeal after both were handed six-month extension upon reaching mandatory retirement age this year.
The whole episode has sparked widespread criticism of the way Anwar, who has made independence of judiciary a key battlecry during his two decades in opposition, handles his constitutional powers in appointing senior judges.
It also came months after Ahmad Terrirudin Mohd Salleh, the first attorney-general appointed by Anwar, was promoted to the Federal Court even though his name was not among those recommended by Tengku Maimun to the prime minister.
Last month, MalaysiaNow reported that Terrirudin was one of two candidates in the running for the position of CJM, which is traditionally a stepping stone to becoming the chief justice.
Citing legal sources, the report said that apart from Terrirudin, his more experienced colleague in the Federal Court, Vazeer Alam Mydin Meera, is also considered a likely candidate for CJM.
The issue has been at the heart of a debate over the role of the prime minister in appointing senior judges, something which was raised by Malay rulers just days after Anwar assumed top office.
In November 2022, the Conference of Rulers proposed stripping the prime minister of the power to appoint five representatives to JAC.
Four of the nine members of JAC are senior judges, while the remaining five are appointed by the prime minister.
Terrirudin's rapid rise from AG to a Federal Court judge, and Anwar's own application to the apex court to seek immunity from a sexual assault suit by a 33-year-old youth, have only fuelled the debate in recent weeks. - Malaysia Now, 14/7/2025
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