Malaysia judicial appointments revive concerns over court independence
Malaysia’s latest round of judicial appointments has renewed debate over judicial integrity and independence, after 11 new judicial commissioners took their oaths on Feb 6, including senior lawyer Raja Segaran Krishnan, who previously represented Prime Minister Anwar Ibrahim.
The Straits Times reported on Feb 12 that the appointments have prompted questions within parts of the legal fraternity, including scrutiny of the vetting process and concerns about political influence in judicial selections.
Malaysia judicial appointments include 11 new judicial commissioners
The appointments took effect on Feb 6. Chief Justice Wan Ahmad Farid Wan Salleh presented the instruments of appointment, according to Malaysian media reports.
Among those appointed was Datuk Zamri Bakar, the former chief registrar of the Federal Court. Other appointees included former court administrators and practising lawyers, based on published lists of the sworn-in judicial commissioners.
Judicial commissioners sit in the High Court and carry out judicial functions for a specified term. Authorities may later elevate them to full judgeships.
Spotlight on Raja Segaran Krishnan’s appointment
Raja Segaran’s appointment drew attention because he previously acted as counsel for Anwar in court proceedings, according to local reporting. The same reports also noted that he has held legal advisory roles, including work linked to anti-corruption matters.
Critics have pointed to the importance of avoiding perceptions of favouritism when the executive branch has a role in judicial appointments. Supporters of the current system argue that formal appointment procedures and institutional checks exist.
Reappointments revive questions about vetting standards
The Straits Times report also highlighted that two judicial commissioners who did not secure permanent tenure as judges in 2019 were reappointed as judicial commissioners in the latest round.
The report said the reappointments raised questions among some lawyers about suitability standards and how decision-makers assess candidates for senior judicial roles.
How judicial appointments work under Malaysia’s Constitution
Malaysia’s Attorney-General’s Chambers has said appointments to the superior courts fall under Article 122B of the Federal Constitution. Under the provision, the Yang di-Pertuan Agong appoints judges on the advice of the prime minister after consultation with the Conference of Rulers.
Malaysia also has the Judicial Appointments Commission, established under the Judicial Appointments Commission Act 2009, which sets out a process for recommending candidates for judicial office, including judicial commissioners.
Calls for reform have focused on reducing perceived executive influence, including proposals to amend Article 122B and related laws so that the prime minister would have a narrower role in advising on judicial selections.
The Feb 6 appointments have kept the spotlight on judicial governance, as legal groups and policymakers continue to debate how Malaysia should strengthen public confidence in the courts
