October 23, 2011
The New Brooms in Malaysian Judiciary
by Malik Imtiaz Sarwar*
We have the brand brand new group streamer the judiciary. Congratulations to Chief Justice Tan Sri Arifin Zakaria, President of the Court of Appeal Tan Sri Md Raus Sharif as good as Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin. They have been all group with mnay years of experience in the judicial as good as legal services.
Seize the Moment for Change in Judiciary
They have been additionally group who, carrying started their careers as judges in the High Court, have had the event to gain invaluable insights in to not usually the mechanics of being the judge, though additionally the workings of the High Court, the Court of Appeal as good as the Federal Court. we hold they have been entirely versed to understanding with the plea of managing one of the many critical institutions of the republic as good as we instruct them good in their endeavour.
It is my goal which these three judges as good as their colleague, Chief Judge for Sabah as good as Sarawak Tan Sri Richard Malanjum, see in this "changing of the guard" as the event which presents itself to make inroads in to restoring open certainty in the law as good as seize it. For this to happen, however, they contingency acknowledge, even if usually to themselves, which open certainty is not the high as it ought to be as good as as it was in the late 1980s,and which stairs need to be taken to residence the situation.
In the little quarters, there have been! those w ho, admittedly somewhat cynically, suggest which nonetheless in the early days of the brand brand new appointments there will be the little attempt to play to the gallery, such efforts will soon fade in to obscurity. Frankly, our experience during the Bar hints during the possibility. Since we was certified to the Bar, we have seen 5 chief justices come as good as go. Each one came in with promises as good as assurances. And nonetheless any of them let an memorable mark upon the law as good as the administration department department of justice, we cannot contend which the bequest they left behind was regularly in the interests of which eighth month establishment of the nation.
Chief Justices have come as good as left though no critical reforms
The appointment of Tun Hamid Omar as Lord President was controversial; he chaired the law which impeached Tun Salleh Abas. Tun Hamid late amid allegations of impropriety. Tun Eusoff Chin late amid controversy with the right away infamous legal holiday in New Zealand darkening the cloud hanging over the judiciary.
Although Tun Dzaiddin Abdullah acknowledged which open certainty was during an all-time low when he was allocated to control the judiciary, we cannot contend which the establishment in essence improved under his stwardship. Tun Ahmad Fairuz, who succeeded Tun Dzaiddin, is right away many remembered for his telephone review with Datuk V K Lingam as good as the successive Royal Commission of Inquiry it gave climb to. we do not think the law has recovered from the stroke of what came to light during the hearings of the commission.
Tun Abdul Hamid Mohamad was the chief for as good short the duration to deliver meaningful reforms, nonetheless he is fondly remembered for carrying introduced the slogan "Buat Kerja"(the implications of which were disturbing).!
The appointment of Tun Zaki Azmi lifted many eyebrows. He was parachuted in to the Federal Court in September, 2007, allocated the President of the Court of Appeal in December which year as good as became the Chief Justice in October, 2008. In all of this, some-more comparison judges were bypassed, the state of affairs which caused consternation in view of declarations which usually experienced judges with proven track annals would be promoted.
Tun Zaki additionally came with personal container which impacted upon the image of the office, as many as he may have tried to downplay the significance. His prior role as UMNO Legal Adviser did not assist in furthering the means of restoring open confidence, some-more so for the actuality which it was during his tenure which the little of the many argumentative constitutional cases came prior to the Court, in particular the Perak challenges.
I have described these counts usually to underscore one point. Being the top judge puts the person under tighten open scrutiny. As many as he or she many not instruct to create impressions which stroke the institution, it will occur.This is some-more so for the viewable truth which leadership is, many often, by example.
The subject for the brand brand new group stream streamer the law is this; What example do they instruct to set for the judges who serve them? If they instruct for judges of the Malaysian courts during all levels to be conscious of their overwhelming duties as judges, they will have to take stairs to instil in them an recognition of those duties. As leaders, these judges contingency set the tinge as good as proceed any case they understanding with in the manner consistent with the highest customary of the Bench as good as Bar.
Judges contingency regularly action judiciously
They contingency during all times action judiciously, defending themselves with the claim knowledge to make only decisions. They contingency reg! ularly d isplay temperament which will enthuse any as good as each litigant the idea which whatever the result of the particular case, he has been since the satisfactory hearing.
I contend this usually because as things stand, one cannot fault the casual spectator for on foot away from the conference in the higher courts with the impression which the little judges have been rude as good as arrogant as good as not meddlesome in conference counsel, descend in to the arena as good as have been only not really clever. It is viewable which such control can in no approach enthuse open confidence.
It is not sufficient to acknowledge in in isolation which all is not well. Things have to be as good as can be done. The law has the little autonomy over appointments as good as promotions. This energy should be invoked to the fullest border to bring in the best people for the job. The law is armed with the powers of self-regulate, which is what the Code of Ethics was introduced for as good as as the drastic measure, the Federal Constitution allows for the impeachment of judges.
Values as good as Ethics
These powers should be deployed to stamp out any suggestions of incorrectness as good as to residence doubts about corruption as good as change peddling. Even if such control is not essentially occurring, it is deleterious which there have been the little buliding which hold it is. This is the cancer which will eat away during the establishment itself as good as in conclusion overwhelm it.
The necessary indicate is which reforms can take many forms. And nonetheless key opening indicators as good as modernisation of the law by the key of brand brand new technology go the little approach in creation the establishment some-more efficient, in conclusion it is the reliable values as good as mindsets of the judges which establish how good the establishment performs as good as is being viewed by the public. The reform agenda contingency begin with inculcating the right v! alues as good as becoming different mindsets. Difficult questions have be asked as good as even some-more formidable dcisions made. The actuality which the entire republic is watching cannot be stressed enough.
Deal with Plagiarism decisively
It is in this context which the revelations connected with plagiarism upon the partial of the comparison judge contingency be viewed. The matter cannot be left to Parliament alone. It is the matter for the judiciary. Regrettably, the establishment has not taken the position as good as has not clarfied either it proposes to investigate the allegations opposite the comparison member of the fraternity as good as what it plans to do meanwhile. This indecisiveness offers really little joy and, conversely, if perpetrated will stoke doubts about the commitment of the law to the core values as good as ethics of the administration department department of justice. The law needs to act.
After all, do not brand brand new brooms sweep clean?The Edge Malaysia (October 24, 2011 Issue)
Malik Imtiaz Sarvar is the practising counsel as good as President of the National Human Rights Society (HAKAM)
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