Greater Safeguards Needed To Protect Independence Of ‘People’s Court’ Judges
The Malaysian Bar has urged greater safeguards to strengthen the independence of Magistrates and Sessions Court judges, warning that the quality of justice experienced by most Malaysians depends on the integrity of the Subordinate Courts.
The Bar stressed that while judicial independence in the higher courts often draws public attention, the Subordinate Courts handle the vast majority of cases and are the first — and sometimes only — point of contact between ordinary citizens and the justice system.
Quoting Emeritus Professor Datuk Dr Shad Saleem Faruqi at the 5th Raja Aziz Addruse Memorial Lecture in 2018, the Bar reminded that “the quality of justice is what happens in the subordinate courts,” and that current structural safeguards remain insufficient.
Under Article 138 of the Federal Constitution, judicial and legal services are combined into one structure overseen by the Judicial and Legal Service Commission (JLSC). The Bar pointed out that this arrangement poses several challenges:
- Leadership of the JLSC — Currently chaired by the head of the Public Services Commission (PSC), a senior civil servant. Prior to 1960, the Chief Justice chaired the JLSC, providing stronger judicial oversight.
- Composition of the JLSC — Involving the PSC Chairman, the Attorney General, and judges appointed by the Yang di-Pertuan Agong. This overlap between Judicial and Executive functions, the Bar cautioned, risks undermining public confidence.
- Role of the Attorney General — As legal adviser to the government, public prosecutor, and member of the JLSC, the Attorney General’s multiple roles could create perceptions of conflict of interest.
- Career Security of Judicial Officers — Magistrates and Sessions Court judges can be transferred between judicial and legal services, with career progression decided by a Commission where the PSC head and Attorney General hold sway. This, the Bar noted, may leave judicial officers uncertain about their independence.
The call for reform echoes judicial pronouncements such as in Ahmad bin Abu Bakar v Public Prosecutor [1998] 7 MLJ 391, where Justice Abdul Malik Ishak stressed that independence must extend to all judges, including magistrates, who are expected to render decisions free from bias, prejudice, or external influence.
“The people’s courts must be seen as impartial and independent,” said Malaysian Bar President Mohamad Ezri Abdul Wahab. “Justice must not only be done, but must also be seen to be done, at every level of the Judiciary.”
The Bar called on all stakeholders to work together to strengthen appointment and management frameworks for Subordinate Court judges, warning that without firm safeguards, public trust in the justice system could be eroded.
