For the past month or so, the question often heard was is the government going to extend the tenure of the Chief Justice who is due to retire on 2 July 2025.
In fact, 6 other senior judges will also be retiring within the next six months, leaving 4 key posts in the judiciary, including the presidency of the Court of Appeal and chief judges of Malaya and Sabah and Sarawak, vacant.
Let’s look at the process for the appointment of Judges including those to the Federal Courts.
It begins with the Judicial Appointments Commission (JAC), a body established under the Judicial Appointments Commission Act 2009 that has 9 members including amongst others, the Chief Justice, the President of the Court of Appeal, the Chief Judges of the High Courts filtering and selecting the potential candidates who will then make their recommendation to the Prime Minister who, taking into account the recommendations of the JAC give advice to the YDP Agong for the judges to be appointed.
Let’s assume that the government extend the tenure of the Chief Justice for another 6 months i.e until Dec 2025.
What happens then?
Unless her tenure is extended again like that given to the Chief Commissioner of MACC, a new person needs to be appointed to fill up that position in 6 months.
Who will that person be?
The passing of six months is, for most people, a flash.
But in politics, 6 months can be an eternity.
The government has a legal and moral responsibility to name successors for retiring judges promptly to ensure the smooth and efficient functioning of the judiciary.
Moreso for the position of Chief Justice.
This responsibility stems from the need to maintain public confidence in the justice system and uphold the rule of law.
The timely appointment of judges is crucial for maintaining judicial independence.
Uncertainty surrounding succession can lead to perceptions of political influence and undermine public trust in the judiciary's impartiality.
Delaying appointments can lead to increased workloads for remaining judges and contribute to backlogs in cases, potentially delaying justice for individuals and organizations.
The public's confidence in the judiciary is essential for a well-functioning society.
Prompt and transparent appointment processes can help build and maintain that confidence.
Society did not politicize this matter.
In delaying the announcement for the successor to the Chief Justice and other judges due to retire soon, PMX allowed and provided the catalyst for it to be politicised.
That is the elephant in the room i.e who will be the next Chief Justice which PMX failed to address todate.
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