PM Anwar called out by his own lawmakers as Malaysia’s judicial crisis heats up

KUALA LUMPUR – A growing group of lawmakers, including those from Prime Minister Anwar Ibrahim’s Parti Keadilan Rakyat (PKR), have called him out over the delayed appointments of the chief justice (CJ) and the Court of Appeal president, as well as other judicial matters.

On July 7, nine MPs from PKR, led by its former deputy president Rafizi Ramli, signed a joint statement demanding a Royal Commission of Inquiry (RCI) to investigate the matter that has raised worries about judicial interference and for Datuk Seri Anwar to give an explanation.

The open stance taken by the nine out of PKR’s 31 MPs – or 29 per cent – is unusual, and could be read as a loss of confidence in Mr Anwar, who is halfway through his five-year term. PKR is the linchpin of Malaysia’s multi-party governing coalition.

“The controversy regarding the judiciary remains unanswered,” Datuk Seri Rafizi told a press conference on July 7 when releasing the statement.

“As MPs, it is our duty to defend the independence of the judiciary and the separation of powers between the three government bodies, which are the legislative, the executive and the judiciary.”

He also said that the concerns raised over the judicial appointments are as serious as the huge 2002 scandal involving Mr V.K. Lingam, when a video recording emerged showing the senior lawyer telling someone on the phone that he had influenced the appointment of key judges.

Seven of the nine MPs who signed the statement were present at the news conference, including former environment minister Nik Nazmi Nik Ahmad.

In May, after Mr Rafizi and many members of his faction

lost PKR posts in the party’s triennial elections

, he said he would push harder for the reforms promised by the Anwar administration.

Maverick PKR MP Hassan Karim, who was not one of the nine signatories to the statement, said on July 8 that the demand for a public inquiry signals a party revolt.

“The demand for an RCI by the group led by Rafizi Ramli means they no longer trust Prime Minister Anwar Ibrahim,” he said on his Facebook page.

“The issue raised by the nine MPs is legitimate and meritorious. It has become the elephant in the room,” Mr Hassan added. “Are these nine MPs ready to face the possible downfall of Anwar Ibrahim for demanding an RCI?”

Amid much angst in political and legal circles, Malaysia’s Chief Justice, Tengku Maimun Tuan Mat, retired on July 2 when she hit 66 years old

instead of getting a six-month extension

as allowed under the Federal Constitution, which had often happened in the past involving other retiring judges. 

She is among nine members of the Federal Court, Malaysia’s apex court, who have left or are due to retire between April and November in 2025, including the second- and third-highest ranked judges. 

With only two new appointments to the Bench since November 2024, the Federal Court could soon be left with just six judges, most of whom joined recently. Currently, Chief Judge of Malaya Hasnah Mohammed Hashim is the acting Chief Justice.

The retirements take on a larger significance amid speculation that Tan Sri Terrirudin Salleh, who was appointed directly to the apex court last November while he was still serving as Mr Anwar’s attorney-general, is set to be fast-tracked to become the next chief justice.

Mr Anwar, who is PKR’s president, has been abroad since last week as he visited Italy, France and Brazil, and has not commented on the apparent revolt by the nine MPs.

Constitutional expert Shad Saleem Faruqi told The Straits Times that under the Malaysian system, the Judicial Appointments Commission (JAC) will select the candidate for a vacancy.

The JAC will submit its recommendation to the prime minister, who has the power to reject the candidate and ask for two other names per vacancy. Once he is satisfied, the premier will submit the name to the Malaysian King, who will consult with the Conference of Rulers, before the appointment is made.

The JAC, appointed by the prime minister, consists of nine experts, comprising judges and current and former members of the legal fraternity.

The Attorney-General’s Chambers on July 8 dismissed the call for the RCI, saying that the appointment process would be conducted according to the Federal Constitution.

It said the prime minister is not merely a conduit who accepts any nominations, as he has the responsibility to advise the Malaysian King to protect the freedom, integrity and credibility of the judiciary.

Mr Rafizi told reporters on July 7 that he will also reach out to MPs from both sides of the divide for their support, hold an online petition and hold public forums nationwide to explain the matter.

Mr Nik Nazmi said the issue is of national concern, and not to be left for internal discussion within the party and government.

“If we don’t bring up this issue, we are not fulfilling our duty. This is a grave issue of national significance and as backbenchers, we have the space to voice out and give our views independently,” he said.

Ms Teresa Kok, deputy chairman of Public Accounts Committee and a senior lawmaker from the Democratic Action Party, a close ally of PKR, on July 7 urged Mr Anwar to hold a briefing for all government MPs on the allegations surrounding the judicial appointments.

The Malaysian Bar, which represents the legal profession, will hold a march in Kuala Lumpur on July 14 to demand “freedom of the judiciary”.

Former prime minister Mahathir Mohamad told reporters on June 30: “If outsiders decide who becomes a judge, we will not get the best judges. That’s why we entrust the responsibility to the commission (the JAC). The commission has enough members to evaluate the candidates’ performance.”

Tun Dr Mahathir had appointed Tengku Maimun to her post in 2018 when he became prime minister for the second time. He was also blamed for the 1988 judicial crisis that led to the sacking of the then chief justice Tun Salleh Abbas. The crisis affected the standing of the judiciary for years.

Commenting on the current issue, S. Rajaratnam School of International Studies’ Ms Ariel Tan told ST that what seems to be at stake is public confidence in judicial independence, especially since the judiciary has risen in public standing in recent years.

Ms Tan, the senior fellow and coordinator of the Malaysia programme, said: “Anwar had been coming under criticism from his own reformist colleagues and long-time Pakatan Harapan supporters for slow-walking political reforms and letting off political allies like Umno president Zahid Hamidi on corruption.

“But far more serious and unfortunate would be any perception of the undermining of judicial independence if these are not addressed decisively by the Prime Minister.”

Singapore Institute of International Affairs Senior Fellow Oh Ei Sun told ST that Mr Anwar needs to explain the matter to dispel public confusion.

“I think the main thing is Mr Anwar should explain to the public why there is such a delay in the appointments. The public is simply confused and thus difficult to give him the benefit of the doubt,” he said.