THE judiciary will no longer tolerate corruption or political interference while holding fast to its independence, said Chief Justice Richard Malanjum.

“One solemn declaration we make here is to uphold the rule of law and our zero tolerance for any form of corruption and judicial interference, whether internal or external, political or otherwise, in the execution of our judicial duties,” he said at the opening of the legal year. 

“We welcome information of any such occurring. I can assure you that swift action will be taken in accordance with the law,” said Malanjum, 66, who was sworn in last year.  

Attorney-General Tommy Thomas, Court of Appeal President Ahmad Maarop, Chief Judge of Malaya Zaharah Ibrahim, Chief Judge of Sabah and Sarawak David Wong were present, as was former chief justice Zaki Azmi. 

Malanjum added that the court formed the “conscience” of society and that its judgments are not meant to reflect popular opinion.

“We are very conscious that one of the reasons why the public has a negative perception on the courts is that our decisions at times are not in tune with public feelings or the will of the majority. Our response to this is a request for understanding of the functions of the courts. Our court is a court of law and not of the mob.” 

“Let it be remembered that while the legislature is the will of the majority the court must remain the conscience of society so as to ensure that the rights and interests of the minority and the weak are safeguarded.”  

Malanjum said the judiciary is also undergoing a litany of reforms.

“There have been numerous calls for reform. Foremost of these reforms are those proposed by the Institutional Reform Committee.

“As such we wasted no time in implementing reforms as many as we could for the past months.” 

“We went for the low-hanging fruits first. Collegiate self-governance was expected instead of the topdown administration typically found in a government department.”

As a result the judiciary will be managed by way of collective management approach: “Simply put, neither I nor do any of the top four judges make decisions alone.” 

“We discuss and decide together to ensure that the decision is made by a majority and any decision made, is an informed one.”

Another change was the empanelling of judges in the Federal Court, where the chief justice no longer has the sole privilege of selecting judges to hear any given case in the Federal Court. 

The empanelling is now done electronically and randomly by way of e-balloting.

“This is to prevent any impression or perception of biased judge selection, especially in high profile cases,” Malanjum said.

Malanjum said after “grumblings” from the Bar that it was not consulted on decisions affecting it, a consultative committee was formed comprising members of the three Bars in the country, the Attorney-General’s Chambers and the judiciary.

The committee meets regularly to discuss common matters of interest pertaining to the courts and the administration of justice.

The opening of the legal year today is notable for its being marked by speeches from the four most senior judges, the attorney-generals of Sabah and Sarawak, and the presidents of the Sabah Law Society and the Advocates Association of Sarawak. 

“It is to remind us that Malaysia was originally formed by four sovereign entities in 1963, namely, the Federation of Malaya, Singapore, Sabah and Sarawak,” Malanjum said. 

Earlier Thomas and Bar president George Varughese also addressed the annual ceremony to usher in a new legal year, reviving a tradition that had been in practice since 2010 but which was interrupted last year.

Last year, the Bar boycotted the event after its president was barred from speaking. Then attorney-general Apandi Ali’s invitation to speak was also rescinded.

The shushing of the two men is believed to be due to the Bar filing an originating summons seeking to nullify the appointments of then chief justice Raus Sharif and then appellate court president Zulkefli Ahmad Makinudin.

Raus and Zulkefli resigned without stating their reasons on June 13, a month after voters swept Pakatan Harapan into power. – January 11, 2019.