KUALA LUMPUR – Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said will be working with select committees from the Dewan Rakyat and the Senate to run a comparative review on judicial appointments, said Selayang MP William Leong.
Leong, who is the chair of the parliamentary select committee on human rights, elections, and institutional reform, said that he and Senator Rita Sarimah Patrick Insol, who is the chair of the Senate select committee on review of laws, as well as Azalina, have agreed to work on this review.
This review, he said, will include studies of present issues, procedure and processes in the Federal Constitution, the Judicial Appointments Commission Act 2009 together with the Judicial Appointments Commission (Selection Process and Method of Appointment of Judges of the Superior Courts) Regulations 2009, relevant laws, regulations and practices.
This is to identify the flaws and to suggest safeguards and best practices to ensure the continued independence of the judiciary, consistent with the basic structure and principles of the constitution and the country’s constitutional monarchy system of parliamentary democracy.
“Details of the parliament select committee proceedings will be announced in due course. MPs, non-governmental organisations and concerned citizens are welcome to provide their constructive comments and suggestions,” said Leong in the statement.
The statement was issued following a meeting held by the trio yesterday, where they acknowledged that the issued related to the nomination, selection and appointment of judges to the superior court and appointments to fill vacancies for positions 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 of Sabah and Sarawak, the judges and judicial commissioners of the Superior Court are matters that merit deep concerns.
Additionally, the trio also acknowledged that the independence of the judiciary and the functions of the Yang di-Pertuan Agong, the Conference of Rulers and the prime minister when it comes to the appointment of the judges of the superior court form part of the basic structure of the constitution, the check and balance through the separation of powers of the three pillars of government and provide substance to the constitutional guarantees on fundamental freedoms.
“Any weaknesses in the selection of suitably qualified persons who merit appointment as judges of the superior court, deficiencies in the selection process, and selection criteria require review, upgrading and improvement.
“This is to ensure the continued independence of the judiciary is upheld and defended,” added Leong.
This latest development on the issue of judicial appointment came following Azalina’s statement yesterday, where she assured that the vacancies for the positions of chief justice and president of the Court of Appeal will be filled by the government in full compliance with the constitution and relevant laws.
She said that the vacancies for both positions would be filled in accordance with Article 122B of the Federal Constitution, which stipulates that appointments shall be made by the Yang di-Pertuan Agong, on the advice of the prime minister, after consulting the Conference of Rulers, Bernama reported.
The chief justice position became vacant following the mandatory retirement of Tun Tengku Maimun Tuan Mat, the country’s first woman to serve in the role, on July 2, while Tan Sri Abang Iskandar Abang Hashim retired as President of the Court of Appeal on July 3.
Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim and Federal Court judge Datuk Zabariah Mohd Yusof have temporarily assumed the duties of the chief justice and appellate court president respectively. – July 11, 2025