Regarding Prime Minister Dato’ Seri Anwar’s statement that the Conference of Malay Rulers will announce the final candidate for senior judicial positions soon, thereby proving the government’s commitment to judicial independence, former Malaysian Anti-Corruption Commission chief Latheefa Koya was not convinced. She believes that it is necessary for Parliament to amend the Constitution to strip the Prime Minister of the power to appoint senior judges in order to end the current judicial crisis.
In a statement today (17th), she pointed out that the appointment of judges has always been the Prime Minister’s duty, so this responsibility should not be shifted to the Malay Rulers. Moreover, since the ongoing judicial appointment crisis was caused by Anwar’s actions and mistakes, the person responsible must take the appropriate measures to rectify the situation.
"Anwar and his government must, in the upcoming Parliament session, amend the Federal Constitution to completely abolish the Prime Minister’s power to appoint judges; otherwise, it will be impossible to allay public concerns and end this judicial crisis."
Latheefa noted that Anwar recently responded to this incident in his usual vague manner, failing to clarify whether he had already submitted his chosen list of candidates to the Malay Rulers for approval, or whether the decision was entirely handed over to the Malay Rulers.
"To quell public anger, Anwar created an impression that the decision was entirely in the hands of the Malay Rulers!"
"However, it should be remembered that Article 122B of the Federal Constitution clearly states that judges are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister. According to Article 140(1), the Yang di-Pertuan Agong 'shall act on the advice of the Prime Minister.'"
She continued, since the Malay Rulers have no discretionary power to reject the Prime Minister’s advice, why is Anwar shifting the responsibility onto them?
"The Prime Minister also claims that the judicial crisis is a 'perception' issue. This is an irresponsible and selfish statement! Is the explosive leak of the Judicial Appointments Commission (JAC) meeting contents also a 'perception' issue?"
"Is the unprecedented delay in appointing senior judges a 'perception' issue? Is the failure to extend the tenure of the highly respected and experienced retired Chief Justice, Tengku Maimun, also a 'perception' issue?"
Given this, Latheefa believes that Anwar’s statement does not help to alleviate public concern or anger regarding judicial appointments. Since the power of appointing judges remains in the Prime Minister’s hands, no matter what decision the Malay Rulers make in the coming days, it cannot answer or resolve the problems of this judicial crisis.
"Simply put, the Prime Minister is deliberately avoiding the key issue — that the Prime Minister has the power to appoint judges irresponsibly."
Latheefa bluntly stated that as long as the Prime Minister holds such dangerous power, the integrity and independence of the judicial system cannot be guaranteed and will be compromised.
"If a constitutional amendment cannot be tabled to strip the Prime Minister of this power, then the Madani government will be laying the groundwork for a massive judicial crisis in the near future."
Latheefa believes that only by amending the constitution in the upcoming Parliament to strip the Prime Minister’s power to appoint judges can this judicial crisis be ended.