Party Gerakan urge the government to revamp the system of appointment of judges, as this will certainly restore confidence in our judiciary.

Our judiciary has been the focus of attention in the past 20 years and numerous negative reports have emerged. The latest is of course the “Lingam Tape”.

The present system is not transparent and arouses too much suspicion.

The British appointment system before 2005 invited similar criticisms and it depended too much on individuals’ influence and lack of guidelines.

It cumulated in the enactment of Constitutional Reform Act in 2005 and formation of an independent Judicial Appointments Commission which was officially, launched on 3rd April 2006.

The Commission is evaluates applicants for judicial positions and promotions. It selects candidates and makes recommendations to the Lord Chancellor who can reject the recommendations but he is required to give reasons to the Commission.

The Commission has set up guidelines on procedure and qualities and merits required for appointment and promotion.

The English system is worthwhile for the Malaysian judiciary to adopt as we share a common history in legal development, which is based on common law.

We are confident the proposed system is effective and acceptable to the public. The present political and social circumstances merit the adoption of the proposed machinery which will restore confidence, status and image of the Malaysian judiciary which has received a lot of beatings in the past few years.

Dato’ Chang Ko Youn
Gerakan National Legal Bureau Chairman