PARLIAMENT will decide on the candidates to be considered for appointment as judges, said Prime Minister Dr Mahathir Mohamad today.
He said a parliamentary select committee would determine whether proposed judiciary candidates were right for the job.
“In the past, there were no checks by a parliamentary committee. But now, we have introduced a committee to screen the list of candidates for judges.
“Only after that will the names be presented to the King. That is our way. We must follow it and respect the laws and regulations,” he said.
In the run-up to the 14th general election, Pakatan Harapan had promised judicial and legal reforms. The coalition pledged to appoint judges based on their qualification and experience, without any political interference.
Until now, the prime minister has had the final say on the selection of judges in the higher courts.
Dr Mahathir said judges need no longer be afraid when they carry out their duties fairly.
“The priority here is justice, not fear of being sidelined for promotion.
“Judges must be free of any influence, and they cannot be involved in politics or side with their families or friends. They must follow the law.
“If something is against the law, it will be the judges who will decide what is lawful or otherwise.”
Dr Mahathir said this while expounding on the meaning of democracy and the rule of law during the Prime Minister’s Department staff assembly this morning at Dataran Perdana.
He said separation of powers was the priority in a democratic government, where no one, including the monarch, the prime minister, cabinet ministers, and law enforcement authorities, might hold power without taking into consideration the rights of others.
The judiciary, legislative and executive were invested with powers but they must also work within the constraints of the law, he said.
“If what they do is not in the spirit of the law, we can take it to the judiciary.”
Dr Mahathir said it was crucial that the law was obeyed while the administration instituted reforms.
“We cannot move without the guidance of the law. Everything we do must follow the law and regulations, even for the King and the government.
“We will not achieve reform if we don’t follow the law. We cannot do something that is against justice in order to make the people respect the government more.
“As the government, we must respect the rights of the people. It doesn’t mean that when we are in power, we can do as we like.
“We have to accept this for the wellbeing of the people and the nation’s development and progress.” – October 10, 2018.
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