I am heartened by the recent announcement of appointments to the posts of chief justice (CJ), president of the Court of Appeal (PCA), and Chief Judge of Sabah and Sarawak (CJSS).

To my mind, the incoming trio represent a blend of seniority and substantive merit. Both the next PCA and CJSS have carved their distinguished reputations within the judiciary and have earned their elevation.

I was most pleasantly surprised to learn that they, and the judiciary as a whole, will be led by a chief justice (CJ ) with a political background.

As expected, his appointment has drawn mixed reactions — some cautious, others celebratory, even dissenters. However, in my view, such a background, far from being a liability, can be a strategic asset — provided the individual shows integrity, legal acumen and fairness.

Former CJ Zaki Azmi, a one-time Umno legal adviser turned chief justice, remains a compelling success story. His tenure was marked by administrative reform, judicial discipline, and a pragmatic approach to succession planning.

Despite his political ties, Zaki demonstrated that a CJ with a hybrid background — litigator, administrator and reformist — can elevate the judiciary without compromising its independence.

Fourfold role

Under the Federal Constitution, the CJ’s role may be conveniently divided into four domains:

• Administrative leadership
• Federal Court adjudication
• Tribunalisation and judicial ethics
• Succession and extension planning.

Each domain demands not just legal expertise but institutional vision and moral courage.

Administrative leadership

The CJ is tasked with overseeing judicial assignments, ensuring timely delivery of judgments and upholding ethical standards. This is done in collaboration with the chief registrar and subordinate registrars across all tiers of the judiciary.

Zaki’s administrative reforms were historic. He streamlined case management, enforced discipline in judgment delivery and introduced performance benchmarks for judges.

His approach was business-like yet constitutionally grounded, reflecting his experience as a litigator and firm administrator. He understood that justice delayed is justice denied, and acted accordingly.

Federal Court adjudication

As a Federal Court judge, the CJ must sit with a coram of subject-matter experts, listen to submissions, and deliver judgments. This is arguably the least demanding aspect of the role, yet it carries immense symbolic weight.

A CJ must ensure that dissenting and concurring opinions are recorded transparently. It is unacceptable for judgments to be presented as unanimous when coram members have not authored their own grounds. Such practices dilute judicial accountability and undermine public trust.

Moreover, the CJ must uphold the doctrine of separation of powers and recuse himself in cases where even a perception of conflict exists. Failure to do so invites allegations of abuse of power and may warrant investigation by the Malaysian Anti-Corruption Commission.

In criminal appeals, compassion and constitutional fidelity are paramount. The CJ must ensure that appellants are represented by counsel and that prosecutorial fairness is upheld.

Contrary to popular belief, Federal Court decisions in criminal matters are not immune to review. If bias, conflict of interest or procedural injustice is evident, the court can and must revisit its own rulings.

Zaki’s tenure was exemplary in this regard. He did not embroil the judiciary in recusal controversies and maintained a dignified distance from cases that could compromise institutional integrity.

Tribunalisation and judicial ethics

The CJ bears the constitutional responsibility to initiate tribunals against judges suspected of corruption or misconduct. This duty cannot be outsourced or ignored.

The case of whistleblower judge Syed Ahmad Idid, who was forced into premature retirement without due process, remains a stain on judicial ethics. There is no doubt that the failure of those in positions of authority to act on his allegations weakened public confidence and emboldened misconduct.

To his credit, Zaki did not shy away from difficult conversations. However, the judiciary’s reluctance to support a Royal Commission of Inquiry (RCI) into judicial impropriety — despite government interest — was disappointing. Integrity must not be preached selectively, it must be practiced consistently.

Blind loyalty to the institution, without regard for truth or justice, is a dangerous virtue. The judiciary must be willing to confront its own failings if it seeks to command public respect.

Succession, extension planning

Judges must retire at 66, with extensions capped at six months under strict constitutional criteria. It is unethical for judges to lobby for extensions or rely on informal customs to prolong tenure.

Under Zaki, a transparent succession plan was put in place through the appointment of managing judges for the High Court — grooming them for future elevation to the Federal Court. This meritocratic approach ensured continuity and institutional stability.

Regrettably, post-2018 appointments disrupted this legacy. Media reports, an analysis by former Sarawak attorney-general Fong Joo Chung and former chief justice Abdul Hamid Mohamad’s commentary, highlight deviations from established norms.

The recent leak of the minutes of proceedings in the Judicial Appointments Commission (JAC) — protected under the Official Secrets Act (OSA) — suggests sabotage. Furthermore, the JAC has no jurisdiction to interrogate sitting judges. Such actions must be pursued via the Code of Ethics or tribunal mechanisms.

Investigative agencies must act decisively to identify the miscreants behind these leaks. The integrity of the judicial appointment process must be preserved at all costs.

A call to the new chief justice

The incoming CJ must rise above factionalism and institutional inertia. He must protect the constitution, reject the judicial hegemony of the “basic structure” jurisprudence and restore public confidence in the judiciary.

British legal principles have enriched our rule of law, but British aristocratic litigation practices have contributed to case backlogs. A bold reform agenda to streamline procedures could be the new CJ’s enduring legacy.

Let us hope the new CJ emulates Zaki’s pragmatism, courage and constitutional fidelity. The judiciary must not only interpret the law, it must embody justice.

The views expressed are those of the writer and do not necessarily reflect those of FMT.