PM Anwar’s surprise picks for top posts in Malaysia’s judiciary get royal consent

KUALA LUMPUR: The much-anticipated announcement for top leadership positions in the judiciary came in the early hours of Friday (Jul 18) after Malaysia’s King Sultan Iskandar Sultan Ibrahim officially consented to the surprise promotion of two judges nominated by Prime Minister Anwar Ibrahim.

The Chief Registrar of the Federal Court said in a statement issued shortly after midnight that Justice Wan Farid Wan Salleh and Justice Abu Bakar Jais have been appointed as Chief Justice and President of the Court of Appeal.

The statement added that Justice Azizah Nawawi will also be taking over as Chief Judge for the High Court of Sabah and Sarawak from Justice Abdul Rahman Selbi, who is set to retire.

The new judges will be sworn in at the National Palace in Kuala Lumpur on Jul 28.

The announcement brings to an end the controversy sweeping the judiciary over alleged political interference in top appointments following the retirement of Chief Justice Tengku Maimun Tuan Mat and President of the Court of Appeal Abang Iskandar Abang Ismail earlier this month, after both justices reached their retirement age of 66.

As reported earlier by CNA, the lingering crisis over the top judicial appointment took a fresh twist on Thursday (July 17) when the three-day meeting of the Conference of Rulers ended without any announcement.

Anwar had said on Tuesday that the rulers would be making the announcement on Wednesday, a move he hoped would “dispel negative perceptions” on the delay in the judiciary appointments and alleged political interference in the process.

Further uncertainty followed after the Sultan of Selangor, who ranks as the most senior monarch in the Conference of Rulers and the chairman of this week’s proceedings, issued a statement urging the public not to speculate on the anticipated judicial appointments.

“The process provided for under the Federal Constitution must be carried out transparently and carefully, in order to uphold the rule of law and support the principles of justice that form the core of governance in this country,” the Sultan of Selangor said.

“In this connection, all parties are urged to refrain from making any speculation or unfounded accusations without complete and verified facts.” Sultan Sharafuddin Idris Shah said in the statement.

Both top new appointments were largely unexpected as Wan Farid and Abu Bakar were not among the candidates considered by the Judicial Appointments Commission (JAC), a high-powered panel that nominates suitable judges for high office to the premier.

Lawyers had expected the promotions of Hasnah Mohammed Hashim, who is currently the Chief Judge of the High Court Malaya, and Federal Court judge Zabariah Mohd Yusof, to take over as Chief Justice and President of the Court of Appeal, respectively.

Both were appointed to acting capacities for the top two positions earlier this month.

NEW APPOINTMENTS OFFER STABILITY

Anwar’s decision to promote the two low-profile judges to top positions in the judiciary has been viewed by analysts and lawyers as aiming to defuse, temporarily at least, rising political temperatures over allegations that his government was attempting to wield greater influence over the institution.

Anwar has been battling growing public pressure over allegations that his government was interfering in the senior appointments of leadership in the judiciary and that he was at odds with certain members of the JAC.

Under laws governing the appointment of top judges, the nine-member JAC - which was established in 2009 - proposes qualified jurists to the prime minister, who makes a final decision based on the recommendations. 

His decision is then put up for endorsement by heads of the country’s royal households who make up the Conference of Rulers.

In recent weeks, Anwar has come under heavy criticism over concerns that he would turn his back on the recommendations of the JAC and nominate judges favourable to his government. 

Growing public anger was largely due to widespread speculation that Anwar was considering Federal Court judge Terrirudin Mohd Salleh, the country’s former Attorney General, for higher office.

Terrirudin, who was widely seen as a front-runner for one of the top positions in the judiciary, has been at the centre of the political storm whipped up by the crisis in the judiciary.

Last weekend, purported leaked confidential minutes of a JAC meeting in May alleged that his conduct as a judge raised serious questions about his suitability for high office in the judiciary.

Lawyers noted that Wan Farid and Abu Bakar, given their age, will offer stability for the next three years in the leadership of the judiciary, where judges must retire when they reach the age of 66.

Like her two other colleagues, Azizah, who will take over as Chief Judge for the High Court of Sabah and Sarawak, is also 63 years of age.

The appointment of Wan Farid represents a major promotion from the Court of Appeal to the Federal Court.

A former politician from the long-established United Malays National Organisation, Wan Farid retired from politics and was appointed as a judge to the High Court in August 2018 before being elevated to the Court of Appeal in November last year.

Abu Bakar was appointed a judge to the High Court in July 2013, before being promoted to the Federal Court two years ago.