The Malaysian government has reaffirmed that the Federal Constitution provides robust mechanisms for addressing allegations of judicial misconduct, amid rising public concern over judicial independence and integrity.
In a statement issued today, Minister of Law and Institutional Reform Datuk Seri Azalina Othman Said emphasized that Articles 125(3) and 125(4) of the Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate judicial misconduct, based on the prime minister’s advice following consultation with the chief justice.
She noted that additional safeguards are enshrined in Article 125(3A), which authorizes the chief justice to refer ethical breaches to the Judicial Ethics Committee. Article 125(3B), meanwhile, mandates a written code of conduct—currently codified as the Judges’ Code of Ethics 2009.
“This constitutional framework is designed to preserve the independence of the judiciary from any political or external interference, thereby upholding the rule of law and the supremacy of the Constitution,” Azalina said.
She stressed that neither the executive nor the legislature holds authority to intervene in matters concerning judicial ethics—an essential principle for maintaining public confidence in the legal system.
Azalina also acknowledged concerns raised by the Malaysian Bar during its “Walk for Judicial Independence” held yesterday, and pledged that the government would address these issues with transparency and in full accordance with the law.
She said the Bar will be invited to contribute to an ongoing comparative study on judicial appointments, led by the Legal Affairs Division of the Prime Minister’s Department, in collaboration with select committees from both the Dewan Rakyat and Dewan Negara.
“Any issues raised by the Malaysian Bar must be examined within the framework of the Federal Constitution, the Judicial Appointments Commission (JAC) Act 2009, and all other applicable legal provisions,” she added.
The statement follows public outrage over the recent leak of a document—allegedly excerpts from a JAC meeting in May—which went viral over the weekend. The purported minutes revealed that a former chief justice had raised concerns over the integrity of a judicial candidate vying for an administrative role.
According to the leaked extract, the candidate was accused of attempting to sway a court decision in favor of a particular party and of requesting the transfer of a fellow judge who had expressed a differing legal opinion.
The Royal Malaysian Police have launched an investigation into the leak, citing potential violations under the Official Secrets Act and two other laws.
