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Teks
Ucapan YAB Perdana Menteri, Datuk Seri Abdullah Ahmad Badawi
sempena Majlis Makan Malam Majlis Peguam di JW Marriott
Hotel,
Kuala
Lumpur – 17/4/2008
Esteemed friends and colleagues
Ladies and gentlemen
A very
good evening to all of you. It is an honour and a pleasure
for me to be here tonight. I would like to thank the Bar
Council for giving me the privilege of addressing this
illustrious gathering. This is my first opportunity to speak
directly to the legal community and related members of civil
society since the recent General Election. As such, it is an
important occasion and I thank you for taking time out from
your busy schedules to be here tonight.
This
occasion is particularly meaningful to all of us because of
the presence of a few special guests. It is heartening to
see in this gathering Tun Salleh Abas, Tan Sri Azmi
Kamaruddin and Dato George Seah. Tan Sri Wan Hamzah had
wanted to join us tonight but was not able to.
Sadly,
Tan Sri Eusoffe Abdolcadeer and Tan Sri Wan Suleiman are no
longer with us. But they are represented by their respective
families: representing Tan Sri Wan Suleiman are Puan Sri
Siti Nurhayati and his son Wan Noor Azli; representing Tan
Sri Eusoffe are his granddaughter Brenda Lim and her
husband.
For me
and for many other Malaysians, these towering judicial
personalities represent a very different era for the nations
judiciary. Many felt that the judiciary then was a venerable
institution which could be trusted to deliver justice. Some
even hailed
Malaysia’s
judiciary as a model for other countries independent and
credible.
This
level of trust and respect for the judiciary, we must all
admit, is simply not as strong as it was before. Although
efforts are being made now by the present Chief Judge, still
there are concerns related to capacity and efficiency,
stemming from long case backlogs, delays and the outdated
manner of court administration. There are concerns which are
less tangible but are nonetheless prevalent such as
perceived corruption and perceived decline in quality. The
business community, in particular, have voiced concerns
about the fairness and capacity of Malaysia’s judiciary in
settling disputes. This has directly affected perceptions of
our country’s economic competitiveness.
No
nation can call itself fair and just without an efficient
and trusted judiciary. By trusted, I mean a judiciary that
delivers justice and is seen to deliver justice. In
Malaysia’s case, debates and arguments on the state of our
judiciary have been heated and protracted. Some of the Malay
Rulers have openly voiced their disquiet on what they see as
a decline, requiring nothing short of a judicial
renaissance. Some retired judges have related troubling
tales of impropriety. Politicians on both sides of the aisle
have called for reform of this most august institution. Even
the Bar Council, true to form, has marched en masse outside
my office.
To a
large extent, the events of 1988 have fuelled much of the
disagreement on how to move on. When I took office in 2003,
I promised a credible, effective and independent judiciary.
I recommended judicial appointments in consultation with the
senior judges before bringing the names to DYMM Seri Paduka
Baginda Yang Di Pertuan Agong as required by the Federal
Constitution. I pledged material and fiscal support for the
judicial service in order to reduce the backlog of cases. I
even took a political leap of faith by appointing an
outspoken maverick as my new de facto Law Minister. I can
say with a clear conscience that I abided and will continue
to abide by the principle of separation of powers, leaving
the matter of justice to the judiciary. And yet the legacy
of 1988 haunts us until today.
Ladies
and gentlemen,
Let us
move on. The judiciary must be revitalised to enable it to
serve the people in pursuit of justice. The judiciary must
be fortified to be an institution that serves the democratic
principle of separation of powers. The judiciary must be the
guardian of the Constitution and the sentinel of the
people’s rights.
This government gives its commitment to the Malaysian public
that it will begin a process of judicial reform. We
recognise that this process must be undertaken with the
spirit and belief that no one, not even those entrusted to
govern or to make laws, must assume to be above the law.
This government continues to guard against abuse of its
power, and is now proposing measures to further solidify and
entrench the doctrines of good governance and the rule of
law.
Ladies
and Gentlemen,
As a
result of many events, which culminated in the inquiry
undertaken by the Royal Commission into the so-called V.K.
Lingam Tape, I am aware that the public considers the
present way of appointing and promoting judges as
inadequate. The absence of a system in nominating candidates
has led some to believe that the process is characterised by
abuse, even where there is none. As is often the case,
perception can lead reality.
On the
other hand, some may argue that the present system does not
require improvement if people in the system are inherently
honest and fair. The same system has produced its share of
outstanding judges after all.
I do
not dispute this, but the fact is, we can no longer leave
such an important institution to hope and chance. The system
must have built-in safeguards to prevent potential abuse and
it must have a process that will convincingly identify the
best legal minds in the country to join the judiciary. This
is a necessary part of ensuring that our nation’s judiciary
is robust and trusted by the people.
Moreover, the demands on the judiciary today are greater
than ever before. An increasing number of cases are being
brought before the courts. There is a growing body of law
particularly in relation to specialised areas such as
Corporate Law, Information Technology, Maritime Law and
Islamic Finance. With these pressures comes the need for
expert and speedy decision-making.
Therefore, the Government proposes a change to make the
process of nominating, appointing and promoting judges more
transparent and representative.
I am
pleased to announce to you tonight that the Government is
proposing the setting up of a Judicial Appointments
Commission to identify and recommend candidates for the
judiciary to the Prime Minister. While the constitutional
prerogative of the Prime Minister to put forward names to
DYMM Seri Paduka Baginda Yang Di Pertuan Agong will remain,
the Commission will help to evaluate and vet candidates in a
systematic and credible manner for the Prime Minister, based
on clearly defined criteria.
The process to bring about this change will begin now and I
assure all of you here today, that consultation on the
workings and the structure of the Commission will involve
primary stakeholders. All will have a chance to provide
their input to the Government.
In
addition, the Government will initiate a review of the
judiciary’s terms of service and remuneration. There is a
pressing need to set salaries and compensation to the right
levels to ensure that the bench can attract and retain the
very best of the nation’s talent. This, and other measures
which will be announced in due course, will form a
comprehensive package of reform to strengthen the capacity
and credibility of the judiciary.
Ladies
and Gentlemen,
For
many, the events of 1988 were an upheaval of the nation’s
judicial system. Rightly or wrongly, many disputed both the
legality and morality of the related proceedings. For me,
personally, I feel it was a time of crisis from which the
nation never fully recovered.
Again,
ladies and gentlemen, let us move on. I do not think it wise
or helpful to revisit past decisions as it would only serve
to prolong the sense of crisis, something our nation can do
without. The rakyat wants movement and progress, not
continuing strife.
Therefore, the Government would like to recognise the
contributions of these six judges to the nation, their
commitment towards upholding justice and to acknowledge the
pain and loss they have endured. For Tan Sri Eusoffe and Tan
Sri Wan Suleiman and their families, I know this sentiment
is made too late. For Tun Salleh Abas, Tan Sri Azmi
Kamaruddin, Tan Sri Wan Hamzah and Dato George Seah,
although this acknowledgement is 20 years too late, it is
made with much hope that a measure of the pain and loss may
yet be healed.
In
recognition of the contributions of the six outstanding
judges, the Government has decided to make goodwill ex
gratia payments to them. Gentlemen, I do not presume to
equate your contributions, pain and loss with mere currency,
but I hope that you could accept this as a heartfelt and
sincere gesture to mend what has been.
Ladies
and gentlemen,
There
is still much to do to renew the publics trust in the
nations judiciary and to ensure that justice is consistently
delivered. What I have announced here tonight is a beginning
of a longer process towards reform. I humbly seek your
support for these measures because the need for reform may
not be entirely clear to all.
The
government has set the ball rolling. We have put forward
initial, but vital, steps. Now it is for all parties
concerned - the judiciary, the Bar, civil society and the
public at large - to also play their respective roles in
facilitating these reforms. Whatever our differences, we
share the same idealism for our nations judiciary. Let us
work through our differences.
With
this, it is my sincere hope that we may begin a new chapter
for the Malaysian judiciary. It is my hope that this becomes
part of a bigger process to further strengthen our
democratic institutions, step-by-step resolving intractable
problems that have stood in the way of genuine
nation-building. Let us write this proud and new chapter
together.
Thank you
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