KUALA LUMPUR – Former attorney-general Tan Sri Mohamed Apandi Ali has criticised the Malaysian Bar and civil society groups for what he described as a “manufactured” and “hypocritical” uproar over the impending appointment of a new chief justice, accusing them of ignoring documented past violations of judicial appointment protocols.
In a strongly worded commentary, Apandi said the current protests – including today’s Bar-led march from the Palace of Justice to the Prime Minister’s Office – were based on speculative concerns about the prime minister possibly bypassing the Judicial Appointments Commission’s (JAC) recommendations.
“This hysteria is entirely based on a hypothetical scenario, one that has not even materialised,” he said, adding that the JAC Act allows the prime minister to request additional names for consideration under Section 27.
He cited legal provisions and past judicial opinions to back his argument, including the views of the late Datuk Seri Gopal Sri Ram, Datuk Hishamudin Yunus, and Datuk Mah Weng Kwai, who had all said that the JAC’s recommendations are not binding.
“They noted that the Federal Constitution, being the supreme law, overrides the JAC Act,” Apandi said, quoting Mah’s past statement that “the prime minister may decide not to agree with the proposals”.
He also pointed to the government-declassified special task force (STF) report on former attorney-general Tan Sri Tommy Thomas’s memoir, which detailed instances during the Pakatan Harapan administration where senior judicial appointments were allegedly made without following proper JAC procedures.
According to the STF, then prime minister Tun Dr Mahathir Mohamad and Thomas had privately agreed on the appointments of Tun Richard Malanjum, Tan Sri Ahmad Maarop, Tan Sri Zaharah Ibrahim, and Tan Sri David Wong Dak Wah in July 2018 – names that were not on the JAC’s shortlist.
There was also no evidence that Mahathir requested additional names as required by law.
“Worse,” Apandi added, “no consultation was held with the chief ministers of Sabah and Sarawak before Wong was appointed chief judge of Sabah and Sarawak – a direct violation of Article 122B(3) of the Federal Constitution.”
In 2019, the STF found that after a JAC shortlist was submitted in January, the prime minister requested additional names. While this was procedurally correct, Apandi noted that the final appointments – including Tengku Maimun Tuan Mat as chief justice – still raised questions given her relatively junior standing at the time.
“Where was the outrage then?” he asked, highlighting the irony of those who now criticise potential junior appointments having remained silent when Tengku Maimun was elevated.
Apandi also questioned the impartiality of lawyers currently lobbying for specific candidates, accusing them of “masquerading as defenders of institutional integrity”.
“If the Malaysian Bar, civil society, and opposition leaders are truly serious about reform, they must first reckon with the past violations which they so conveniently ignored,” he said.
Today’s protest, branded “the March to Defend Judicial Independence”, is part of wider calls by the Bar and several NGOs for greater transparency in the selection process. Among their demands are the public disclosure of recent JAC meeting minutes, the establishment of a Royal Commission of Inquiry, and the urgent filling of key judicial posts.
Crowds began gathering outside the Palace of Justice around noon, with many participants – believed to be lawyers and NGO members – dressed in black suits, white shirts, or orange vests.
Several prominent figures were seen at the scene, including Tan Sri Rais Yatim, Haniff Khatri Abdullah, Siti Kassim, former Bar president Datuk Ambiga Sreenevasan, and PAS secretary-general Datuk Seri Takiyuddin Hassan.
The 2.6km march to the Prime Minister’s Office was expected to culminate in the submission of a memorandum containing four demands. Bar president Mohamad Ezri Abdul Wahab insisted the walk was not about any individual appointment but a collective stand to uphold the judiciary’s independence.
“When judicial independence becomes fragile, the entire nation suffers,” he said in a statement.
The protest also comes ahead of the Conference of Rulers, which begins tomorrow and is expected to advise on the appointment of top judges. Prime Minister Datuk Seri Anwar Ibrahim is under increasing pressure following leaked documents allegedly related to JAC deliberations, currently under police investigation.
Anwar is also said to meet Pakatan Harapan MPs this evening, with the chief justice vacancy expected to dominate the agenda. Scoop reported that party sources said MPs will urge him to assert his constitutional role in appointments.
“The prime minister has the ultimate say,” said one source, “and he must make a decision in the best interest of the country, not under pressure from any faction.”
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said has clarified that no decision will be made until after the Conference of Rulers, adding that JAC recommendations are not legally binding.
Apandi said the current uproar reveals deeper issues within Malaysia’s legal and political culture – where legal principles are often invoked selectively to serve political agendas.
“Let the law be applied consistently, not only when it suits political narratives,” he concluded. – July 14, 2025