Anwar Ibrahim Secures Royal Approval for Key Judicial Appointments

The Malaysian judiciary has undergone significant leadership changes following the royal consent granted by King Sultan Iskandar Sultan Ibrahim. Prime Minister Anwar Ibrahim announced the surprise appointments of two judges early on July 18, 2023, marking a pivotal moment in the country’s judicial landscape. Justice Wan Farid Wan Salleh has been appointed as Chief Justice, while Justice Abu Bakar Jais will assume the role of President of the Court of Appeal.

In addition, Justice Azizah Nawawi will take over as Chief Judge for the High Court of Sabah and Sarawak, succeeding Justice Abdul Rahman Selbi, who is set to retire. The new appointees are scheduled to be sworn in at the National Palace in Kuala Lumpur on July 28, 2023.

These appointments come in the wake of a controversy surrounding alleged political interference in the judiciary. The previous Chief Justice, Tengku Maimun Tuan Mat, and the President of the Court of Appeal, Abang Iskandar Abang Ismail, both retired earlier this month upon reaching the age of 66, which has heightened scrutiny over Anwar’s influence on the judiciary.

The announcement followed a three-day meeting of the Conference of Rulers, which concluded without an immediate decision, leading to speculation about the judicial appointments. Anwar had expressed hope that the rulers would clarify the situation, aiming to “dispel negative perceptions” regarding the delay and alleged political interference.

The Sultan of Selangor, who presides over the Conference, urged the public to refrain from speculation about the appointments, emphasizing the need for transparency and adherence to the rule of law. “The process provided for under the Federal Constitution must be carried out transparently and carefully,” stated Sultan Sharafuddin Idris Shah.

The judicial appointments were unexpected, as Wan Farid and Abu Bakar had not been included on the shortlist provided by the Judicial Appointments Commission (JAC). Legal experts had anticipated that Hasnah Mohammed Hashim, the Chief Judge of the High Court Malaya, and Zabariah Mohd Yusof, a Federal Court judge, would be selected for these prominent roles.

Anwar’s decision to appoint lesser-known judges aims to alleviate rising political tensions surrounding the judiciary. Critics had raised concerns about potential interference in judicial appointments, particularly following speculation that Anwar might favor judges aligned with his government, such as Terrirudin Mohd Salleh, the former Attorney General. Leaked minutes from a May JAC meeting had also questioned Terrirudin’s suitability for a higher judicial position.

The new appointments are seen as a move towards stability in the judiciary, with both Wan Farid and Abu Bakar expected to serve for the next three years before reaching the mandatory retirement age of 66. Wan Farid, who transitioned from a political career to the judiciary, was appointed to the High Court in August 2018 and elevated to the Court of Appeal in November 2022. Abu Bakar has been a High Court judge since July 2013 and became a Federal Court judge in 2021.

Justice Azizah, who is also 63 years old, will bring her experience to the High Court of Sabah and Sarawak. Collectively, these appointments represent a significant reshaping of Malaysia’s judiciary, aiming to restore public confidence in the legal system while navigating the complex political landscape.