PM Anwar takes flak as Malaysia’s judiciary faces leadership vacuum

KUALA LUMPUR – Malaysia’s judiciary is leaderless after its highly regarded top judge retired on July 1 amid stinging criticism, including from Prime Minister Anwar Ibrahim’s allies, over the government’s failure to extend her tenure and allegations of interference in the judiciary.

As she left the Palace of Justice in Putrajaya, Chief Justice Tengku Maimun Tuan Mat confirmed that her tenure was not extended by six months – an option allowed under the law.

During Federal Court proceedings on the same day, senior lawyers including Malaysian Bar vice-president Anand Raj and former law professor Gurdial Singh Nijar praised Tun Maimun for her integrity and defence of judicial independence.

“Under your leadership, the judiciary’s credibility was restored and reached a level on a par with the best in the Commonwealth,” said Datuk Gurdial.

For weeks prior to Madam Maimun’s retirement, questions had arisen among legal practitioners and politicians over the lack of an extension for her and an announcement of a successor.

Madam Maimun is one of nine members of the apex court – including the second- and third-highest ranked judges – who have left or are due to retire in the seven months from April to November. 

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. Only Datuk Rhodzariah Bujang has served on the apex court Bench since before 2023.

This has fuelled speculation that former attorney-general Terrirudin Salleh, who was appointed directly to the apex court in November while still serving as attorney-general, is set to be fast-tracked to lead the judiciary.

“With the vacancies of half the senior judges in the Federal Court, the question arises as to whether this direct appointment is part of a plan to bypass the existing hierarchy and change the leadership of the judicial institution for the next eight years... (given that) he will only retire in 2033,” former economy minister Rafizi Ramli, who resigned from the Cabinet in May, said in a June 30 statement.

The MP for Pandan, who recently lost his position as deputy leader in Datuk Seri Anwar’s Parti Keadilan Rakyat to the latter’s daughter, did not name Tan Sri Terrirudin specifically.

But the mentions of the direct appointment and retirement date leave little doubt that he was referring to the government’s former top lawyer, prosecutor and legal adviser.

“This polemic has worsened due to the double standard in other appointments… that have only increased speculation (of political interference),” added Datuk Seri Rafizi, referring to recent moves that have stoked controversy.

These included

anti-graft chief

Azam Baki’s third 12-month extension in May, and deputy police chief Ayob Khan Mydin Pitchay being passed over for the top job of inspector-general of police in June.

The Democratic Action Party (DAP), which has the most MPs in the Anwar administration, issued a statement just hours before Madam Maimun clocked out for the last time on July 1.

It said “public confidence in the judiciary is of paramount importance, and we reiterate our position that the extension” of the tenures “would be consistent with the reformist agenda of the Madani government”.

Madani, an Arabic term that roughly translates as “civilised”, is a catchphrase introduced by Mr Anwar to symbolise his vision of a fair, inclusive and progressive society.

In response to the public criticisms, Mr Anwar on June 30 accused those lobbying for judicial extensions of politicising the judiciary. During the Prime Minister’s Department monthly assembly, he claimed “there was a campaign that certain people should have their tenures extended, some others should not”.

“This means that an independent institution and its integrity are being politicised,” he said.

However, the DAP insisted in its statement that the calls for extension were not “an attempt to politicise the matter but is a result of a genuine recognition of (the judges’) contributions to the development and reform of the judiciary, which is one of the key priorities” of the government.

Mr Rafizi also said extensions were given to four Federal Court judges but not the Chief Justice and the president of the Court of Appeal, thus worsening ”the polemic concerning the independence of the judicial institution that has already been spreading”.

Besides Madam Maimun, Tan Sri Abang Iskandar Hashim, who is the second-highest ranking judge as president of the Court of Appeal, was also set to retire, on July 2. 

Two other senior judges – Chief Judge of Malaya (CJM), who is the third-highest ranking, and Chief Judge of Sabah and Sarawak – will see their extensions expire by the end of the year, leaving a gaping void in the leadership of Malaysia’s judiciary.

Mr Anwar’s speech on June 30 also prompted the Malaysian Bar to respond, expressing its “deep concern over the inaction and lack of clarity” on the impending retirement of Madam Maimun as chief justice, just a day before her departure. “This level of silence and indecision on matters concerning the highest level of the judiciary is indefensible,” Bar president Ezri Abdul Wahab said in a statement on behalf of the statutory body representing over 21,000 lawyers.

“Leaving the post in uncertainty so close to the retirement date reflects a failure in institutional responsibility,” he said, adding that the lack of clarity is unprecedented and threatens judicial independence.

“This vacuum, at the very apex of the judiciary, is as absurd as it is dangerous. In the absence of clarity, the public begins to speculate. Rumours thrive, confidence erodes. We caution against conflating legitimate institutional concern and public accountability with politicisation,” he said.

In January, Madam Maimun had

reminded Mr Anwar

of his past assertions as opposition leader that the prime minister should not have ultimate discretion in appointing judges.

Since taking office in November 2022, Mr Anwar has repeatedly insisted that he

would not interfere

in the judiciary.

However, senior lawyers told The Straits Times that a senior judge was summoned by the Judicial Appointments Commission, chaired by Madam Maimun, in May to answer claims of interference in appointments made since 2024.

Controversy had swirled in 2024 due to the nearly nine-month-long vacancy for CJM. The delay persisted even though the Judicial Appointments Commission (JAC) had recommended at least three candidates to Mr Anwar, legal sources told ST then. The JAC is made up of the four top-ranking judges, and five other individuals selected by the prime minister.

Media reports at that time claimed that Mr Terrirudin would be appointed directly as CJM. He had in September 2023, during his first week as public prosecutor, decided

not to appeal

against former premier Najib Razak’s acquittal in the 1MDB audit-tampering case.

Mr Terrirudin was eventually made a Federal Court judge in November 2024 at the same time that Datuk Seri Hasnah Hashim was appointed CJM.

The installation of both judges sparked concerns over judicial interference, as the JAC lacked the required quorum at the time to make such appointments, having only four sitting members since September 2024.

Legal circles are now speculating that Mr Terrirudin will eventually be promoted to one of the senior positions beneath Madam Hasnah, who will retire in November, making the former attorney-general the leading candidate for chief justice later in 2025.

Mr Rafizi said: “Anwar Ibrahim, as prime minister, cannot ignore the anxiety of legal practitioners by assuming the issue is merely political attacks.”