Opinion: Anwar’s Judicial U-Turn: When Principles Become Politics

Opinion
5 Jul 2025 • 10:00 AM MYT
Annan Vaithegi
Annan Vaithegi

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Image Source: Facebook Anwar Ibrahim

This article builds on reflections made in "A Steady Hand in Turbulent Times: The Judicial Philosophy and Legacy of Chief Justice Tengku Maimun Tuan Mat," acknowledging her contributions to Malaysian law and society.

Prime Minister Anwar Ibrahim’s recent remarks accusing unnamed parties of “lobbying” to extend Chief Justice Tengku Maimun Tuan Mat’s tenure were more than just puzzling they were deeply ironic. Coming from a leader who campaigned on reform and institutional integrity, this statement has triggered unease among those who once placed high hopes in the Madani government.

Let’s be clear: public support for a principled and proven judge is not lobbying it’s democracy in action. When Malaysians from all walks of life, including retired judges and civil society voices, call for the extension of a Chief Justice known for upholding the rule of law without fear or favour, that’s not political interference. It’s a plea for consistency, stability, and trust in our institutions.

Unfortunately, what we’ve seen instead is a pattern of selective standards.

The government’s silence on Tengku Maimun’s non-extension contrasts starkly with its decisiveness in extending the contract of the MACC Chief, Azam Baki despite public concerns and ongoing questions about his credibility. Is this truly about process and merit, or about political convenience?

If Prime Minister Anwar had simply issued a respectful letter of thanks to the outgoing Chief Justice and named her successor in good time, the entire issue would have passed with grace. Instead, the ambiguity and silence invited speculation and frustration. That’s not leadership it’s avoidance.

And while the Prime Minister insists he had no hand in recent high-profile judicial decisions, such as the DNAA (discharge not amounting to acquittal) in Datuk Seri Najib Razak’s case, the public isn’t naïve. The refusal to declassify key documents under the Official Secrets Act (OSA) directly impacted the court’s ability to proceed. The independence of the judiciary cannot be separated from the transparency or lack thereof practised by the executive.

This situation is part of a broader pattern that is becoming hard to ignore. When in Opposition, Anwar and Pakatan Harapan campaigned relentlessly for institutional reforms. But now, after nearly three years in power, those reforms remain largely unfulfilled. Instead, the government has reappointed controversial figures, avoided accountability, and increasingly surrounded itself with loyalists.

It appears that competence is being sidelined in favour of compliance.

The decision not to extend the tenures of CJ Tengku Maimun, Court of Appeal President Abang Iskandar, and Federal Court Judge Nallini Pathmanathan despite recommendations from the Judicial Appointments Commission (JAC) further cements this impression. These were individuals known for their integrity. If the Prime Minister chose not to follow the JAC’s advice, the people deserve a clear explanation.

Sadly, what they received instead was a deflection accusations of lobbying and warnings against politicising the judiciary.

But politicisation, by omission or action, has already occurred. Judicial independence is not preserved merely by words it is upheld through consistent, principled decisions that transcend political interest. When the executive cherry-picks which recommendations to follow, the damage to public confidence is real and lasting.

What we’re witnessing is a government increasingly out of touch with its own reformist promises. The Prime Minister may believe that asserting control shows strength. But in reality, clinging too tightly to power often reveals insecurity, not stability. The tighter the grip, the faster trust slips away.

If this government truly wants to restore credibility, it must begin by acknowledging the public’s growing disillusionment. The rakyat aren’t asking for miracles. They’re asking for fairness. For professionalism. For leadership that reflects the values it once championed. That shouldn’t be too much to ask.

Unfortunately, every time the Prime Minister doubles down on defensiveness instead of offering transparency, he reinforces the view that his administration is slipping into the same old patterns it once decried.

From kampungs to coffee shops, from civil society circles to university campuses, Malaysians are talking. They know what fairness looks like and what it doesn’t. They understand the difference between reform and rhetoric. They are watching, and they will remember.

And it’s not just about the judiciary. This is about the broader institutional culture in Malaysia. When high-profile appointments whether to the Attorney-General’s Chambers, the MACC, or the judiciary become exercises in political calculation, we move further away from democracy and deeper into elite control. This must change.

Respecting the independence of institutions also means upholding the spirit of checks and balances. It means recognising that power must be shared, not hoarded. When a Prime Minister decides that only those who align with his inner circle are trustworthy, democracy begins to decay.

If Anwar’s administration wants to be taken seriously as a reform government, it must do more than quote principles it must live by them. That includes respecting the role of public institutions, valuing integrity over loyalty, and offering transparency instead of spin.

The rakyat gave this government a mandate based on trust. But trust, once lost, is hard to regain. If GE16 were held tomorrow, many voters would be making decisions not out of loyalty but based on performance and consequences.

To the Prime Minister: the time to lead by example is now. Honour those who serve with distinction, even when they don’t serve your political interests. Respect public opinion when it reflects the nation's conscience. And stop accusing citizens of lobbying when all they’re doing is asking their leaders to do the right thing.

More importantly, recognise that the people of Malaysia are not mere spectators. They are stakeholders. They are shareholders in the future of this country. Their voices matter not just during elections, but in moments like these, when decisions of national importance are being made.

Malaysia deserves better. And it starts with leadership that listens, respects, and acts with integrity.

The Madani narrative must not become a tool for selective virtue. If the government believes in institutional integrity, it must apply the same standards across the board not just to the judiciary, but to all key institutions.

We don’t need perfection, but we do need accountability. We don’t expect miracles, but we do expect consistency. The time for slogans is over. The time for principled governance is now.

And if it doesn’t happen, rest assured: the rakyat will make their voices heard again loud and clear.

Terima kasih.

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