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4:50pm 22/08/2022
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In defense of our judicial independence
By:Sin Chew Daily

Rebuilding the judiciary’s integrity is a long and winding journey. Now that we have made some progress towards this end, there must be no backtracking.

When officiating the “Keluarga Malaysia Symposium: Achievements and Hope”, prime minister Ismail Sabri Yaakob pointed out that the government planned to reinforce the country’s parliamentary and judicial institutions and to table the political funding bill that would make the national politics healthier.

The move couldn’t have come at a more appropriate time. Malaysia has witnessed three whole years of political chaos that has exposed a great deal of problems with this country. It is now time to take decisive actions to consolidate our democratic system to ensure its smooth operation to protect the rights and interests of the nation and her people.

Politically, it is reassuring that lawmakers on both sides of the political divide have joined hands to adopt the anti-hopping bill. Although the bill is not wholly perfect and may not completely stop the nasty political culture of party-hopping, it nevertheless does have some deterrent effects on potential political frogs.

Additionally, the government is prepared to table the political funding bill in October. Once adopted, the bill should effectively control the flow of political funds and help stem corruption.

On the issue of parliamentary reform, the prime minister has said the government will table the Parliamentary Services Act that will give the parliament more sovereignty and independence to effectuate its checks and balances functionality.

Meanwhile, judicial reform must not be deferred any longer, especially with the country’s judiciary recently under assault. All quarters must work hand-in-hand to ensure the independence of our judicial system and wholeheartedly safeguard its integrity.

Judiciary constitutes a vital cornerstone of any democracy, and is the most formidable defense in the preservation of social justice. A fully independent judiciary will provide ultimate protection for the society from the plundering of unchecked power abuse.

The country witnessed a major judicial crisis in 1988 which dealt a severe blow on the institution, when the then Lord President of the Supreme Court Tun Salleh Abas and five other judges were removed or suspended by the government, causing a tremendous public furor.

Thereafter, the credibility and image of the country’s judicial system have become brutally battered.

It is much more difficult to build than to destroy, and Rome wasn’t built in a day! It takes a whole generation to establish the judiciary’s credibility but just a crisis to have it completely brought to knees.

After the crisis, the country’s judicial system has taken years to slowly rebuild its image and dignity. Unfortunately, just as Malaysians have started to show some faith in the judiciary, it now comes under a new  round of assaults!

Last week, former prime minister Najib Tun Razak’s final appeal over his alleged involvement in the RM42 million SRC International scandal came into public limelight. Unfortunately, there were subsequent attacks on the judicial institution and even online death threats launched against Federal Court Chief Justice Tun Tengku Maimun Tuan Mat.

Such acts can never be tolerated in any society ruled by law. The police have since nabbed the suspect.

In addition, there are also political leaders voicing out against the country’s judicial institution.

Malaysia Bar president Karen Cheah said that while responsible criticism of a decision or judgment is permissible, politicians should not make scurrilous remarks against the judiciary to undermine its authority.

Earlier, Tun Tengku Maimun also said judges are not immune to public criticism but this does not mean the judiciary is open to citizens, including politicians, leveling unfounded and scurrilous attacks against it to further their own ends.

In short, politicians should watch their actions and not target the judicial system or a specific judge due to political factors.

As mentioned earlier, rebuilding the judiciary’s integrity is a long and winding journey. Now that we have made some progress towards this end, there must be no backtracking.

All parties must respect the independent operation of the judicial institution and refrain from making scurrilous comments to undermine its authority, as this will not do the nation any good.

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