Monday, 22 September 2025

Concerns on potential leadership vacuum in Malaysian judiciary

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Kevin Lau Kor Jie

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SIBU: The Sarawak United People’s Party (SUPP) Central Youth Wing, led by its Youth chief, Kevin Lau Kor Jie, has highlighted the importance of preserving the independence, stability and integrity of the judiciary in line with the Federal Constitution.

Calling on the federal government to urgently take action in addressing concerns raised by so many quarters on the potential leadership vacuum at the highest levels of the Malaysian judiciary, Lau said it was not just a matter of institutional stability but also a national issue that, when handled weakly, could significantly erode public trust.

For Lau, public trust in the judiciary was paramount, and that trust hinged on the transparency, fairness and credibility of the appointment process, he pointed out.

“Recent retirements of the Chief Justice and Court of Appeal President, combined with reports that more than half of the current Federal Court bench are also scheduled to retire within this year, have caused great concerns and left many wondering about the succession plan  in place,” he said in his statement.

These departures, Lau added, while expected as part of the judicial tenure system, now left the judiciary on the brink of a potential leadership vacuum and that was certainly not very assuring.

“We must remember that the judiciary is one of the three pillars of democracy.

“The moment its leadership appears uncertain or unprepared for succession, the risk of undermining the public’s trust in our legal system increases significantly.

“The perception of stability, impartiality and continuity is essential for the rule of law to function effectively in any democratic society,” Lau emphasised.

On the interim arrangements announced, whereby Chief Judge of Malaya, Tan Sri Hasnah Hashim, has been appointed Acting Chief Justice, and Federal Court Judge, Datuk Zabariah Yusof, is serving as Acting President of the Court of Appeal, Lau warns that these dual roles pose a challenge to judicial efficiency and accountability.

“While we acknowledge that interim measures are sometimes necessary, the fact that two of the most senior judges are now shouldering two top-tier judicial positions concurrently is far from ideal.

“These roles each demand full focus, dedication and time.

“To expect one individual to bear the burden of two major national responsibilities is unsustainable and unjust to the office and to the persons carrying them,” said Lau.

He stressed the central role played by the Judicial Appointments Commission (JAC) in this process, emphasising that the independence and integrity of the JAC must not be compromised in anyway.

“I expressed my full support for the recent statement made by Istana Negara, which emphasised the importance of integrity and constitutional compliance in judicial appointments.

“The royal statement highlighted that the appointment of top judges is a national matter of utmost importance and must be handled with due care and transparency.

“We fully echo and support the firm reminder from Istana Negara that the appointment of superior court judges is not a mere administrative matter; it is a matter of national importance,” Lau asserted.

Lau lauds Istana Negara for taking a principled stand in reinforcing the importance of upholding the Federal Constitution, and ensuring that judicial appointments are free from undue influence or delay.

“We hope all political parties, civil society and legal institutions heed the wisdom in the King’s message.

“This is a moment for all Malaysians to unite in defence of judicial independence and constitutional integrity.

“It is not about partisan politics, it is about ensuring that justice is preserved for all, without fear or favour,” he said.

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