7th August 2025
A Measure of Magnanimity, Majesty and Maturity Missing in the Chief Justice of Malaysia Mandatory Retirement
The recent retirement of the former Chief Justice of Malaysia, Tengku Tun Maimun Che Mat and the president of the Court of Appeal, Tan Sri Datuk Amar Abang Iskandar Abang Hashim, without the customary and consistent six-month extension granted to their judicial contemporaries have not gone unnoticed. Both these holders of the highest judicial offices in the nation had acquitted themselves with quiet decorum, dignity and diligent dedication to their delicate and difficult judicial duties. There were no whiffs of scandals or skeletons in the cupboard where the judiciary was concerned under their leadership.
The ouster of Dato‘ Seri Mohd Najib Tun Abdul Razak from prime ministerial office, his arrest and conviction for various white-collar crimes after full due process signalled a breath of some relief and return to some transparency, trust and truth. The smooth and steady elevation of the judiciary’s status to a hallowed, high and honoured place is the most significant and spectacular achievement since 2018. Both Tun Richard Malunjum and Tengku Maimun had contributed to this remarkable process.
Previous Chief Justices had been men from the peninsula. Since 2018 there has been a quiet but qualitative innovation with a Sabahan as Chief Justice Malaya, a Sarawakian as Court of Appeal President and a lady Chief Justice of Malaysia. These were long overdue and intricate mechanisms to demonstrate that these higher judicial posts were open to both women, Sabahans and Sarawakians. This is precisely the direction the nation should take after six decades of Malaysia to demonstrate that there is genuine equality, equilibrium, inclusiveness and equal opportunity for all Malaysians.
These last two incumbents, one hailing from Sabah and the other of the female gender, in the highest judicial office suggested the acceptance of a more inclusive and diverse judiciary based on merit. It was an unambiguous manifestation of the maturity and mutual trust in our multicultural society.
As higher court judges their unblemished and impeccable conduct was based on a simple rule - no bias, no bribes, no bullying - but that their decisions were based on the constitution and the statutes on the basis of balance, impartiality, independence and integrity.
It is precisely these qualities that any nation committed to democracy and the rule of law should embrace and endeavour for. We don't need much beyond that.
Within any democracy the judiciary is a pivotal fulcrum working in tandem with the Executive and Legislative Branches to uphold the abiding principles of the Constitution, the wellbeing of the people and justice in general.
The courts are there to serve the interests of the country's sovereignty and society in general in accordance with the law. The function of the courts is not to pander to the particular interests of any specific segment of society or the political elite. The denial of the customary six-month extension to both these most senior judges naturally invites discussion, debates and speculation as to what went wrong.
It is hoped that the nation’s leadership takes heed of these troubling sentiments that have been triggered in the people’s minds by this simple act of denying these two upright judges their legitimate right to a six- month extension. Within that six months period issues of appropriate candidates for succession to the vacant posts could have been resolved smoothly in accordance with past practices.
Let us think and act as high-minded individuals and institutions whose paramount interest is the reputation and wellbeing of the nation as a whole. By rolling out a programme to reach out to all segments of the population a greater sense of loyalty and patriotism can be attained. That would help create mutual trust, national unity and harmony.
Yet I would be remiss if we don't welcome the announcement on the appointment of the 17th Chief Justice of Malaysia, the President of the Court of Appeal and the Chief Judge for Sabah and Sarawak. With the swearing in of these high judicial office bearers on July 28th the superior courts would be able to function fully with impartiality, independence and integrity. Congratulations are in order for all the new appointees.
This puts an effective end to weeks of speculation, suspicion and unhappiness. The nation should recognise the remarkable role played by the Prime Minister and the Council of Rulers’ Conference in resolving this important matter in a positive, prompt and professional manner in accordance with the provisions of our Constitution.
Dato’ Zarazilah Mohamed Ali
President
Date: 5 August 2025
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