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PUTRAJAYA – Law and Institutional Reform Minister Azalina Othman Said has questioned the recent surge in concerns surrounding the judicial appointments system. Speaking to the press, she expressed bewilderment as to why the issue is now being raised, particularly given the system has been in place for some time.

The controversy stems from ongoing discussions and proposed amendments to the Judicial Appointments Act 2002. Critics argue that the current system lacks transparency and sufficient judicial input, potentially compromising the independence of the judiciary. They advocate for a greater role for judges in selecting their colleagues, mirroring systems observed in other common law jurisdictions.

Azalina acknowledged the concerns but emphasized the importance of understanding the historical context and rationale behind the existing system. She pointed out that the current framework was designed with specific considerations in mind, aiming to balance various factors including executive oversight and judicial autonomy.

“We need to examine why these concerns are being voiced now. The system has been operational for over two decades. Has something fundamentally changed? Or is this a result of recent events influencing perceptions?” she asked.

The minister further stated that her ministry is committed to a thorough and inclusive review of the Judicial Appointments Act. This review will involve consultations with various stakeholders, including the judiciary, the Bar Council, and legal experts. The goal is to identify areas for improvement while safeguarding the integrity and independence of the courts.

Transparency and Accountability: Key Areas of Focus

Azalina highlighted that any proposed amendments would prioritize enhancing transparency and accountability within the appointment process. She suggested exploring mechanisms to increase public awareness of the criteria used to evaluate candidates and the rationale behind appointment decisions.

“We want to ensure that the public has confidence in the impartiality and competence of our judges. Transparency is crucial for building that trust,” she added. She also underscored the need to balance transparency with the protection of the selection process from undue external influence.

Judicial Input: A Delicate Balance

Regarding the calls for greater judicial involvement in the selection process, Azalina acknowledged the validity of the argument but cautioned against creating a system that could be perceived as insular or lacking checks and balances. She explained that the current system incorporates judicial input through the Judicial Service Commission (JSC), which includes judges among its members.

“We need to carefully consider how to strengthen judicial input without compromising the broader principles of accountability and fairness,” she said. The ministry is exploring various models used in other jurisdictions, but stressed that any changes must be tailored to the Malaysian context.

The debate surrounding the judicial appointments system highlights the ongoing need for vigilance and reform in safeguarding the independence and integrity of the judiciary. Minister Azalina’s call for a reasoned discussion and a thorough review signals a commitment to addressing these concerns while upholding the principles of a fair and impartial justice system.