KUALA LUMPUR: A group of lawmakers from Prime Minister Anwar Ibrahim’s political party on Monday (Jul 7) called for a royal inquiry and parliamentary investigation into high-profile vacancies in Malaysia’s judiciary, and for the PM to be summoned for an explanation.

Analysts told CNA the move by the nine Members of Parliament from Parti Keadilan Rakyat (PKR) is striking and represents a direct challenge against the prime minister.

It is the latest blow to Anwar’s unity government as disquiet grows over the unfilled posts for the nation’s top two judges, sparking accusations of political interference in judicial matters.

The posts of Chief Justice and President of the Court of Appeal are vacant after the retirements of Tengku Maimun Tuan Mat and Abang Iskandar Abang Hashim last week. Malaysia’s third-ranked judge, Chief Judge of Malaya Hasnah Mohammed Hashim, is currently performing the duties and functions of the Chief Justice.

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The PKR MPs told reporters at a press conference that the government’s silence on the vacancies has caused festering speculation on the matter, further eroding trust in the independence of the judiciary.

“As MPs, it is our main responsibility to defend judicial independence and separation of powers between the three arms of government, that is, legislative, executive and judicial,” the nine backbenchers from Anwar’s party said in a statement.

They include former Economy Minister Rafizi Ramli (Pandan) and former Environment Minister Nik Nazmi Nik Ahmad (Setiawangsa), who both resigned from the Cabinet in May following defeats in PKR’s internal elections.

The other MPs are Wong Chen (Subang), Rodziah Ismail (Ampang), Zahir Hassan (Wangsa Maju), Bakhtiar Wan Chik (Balik Pulau), Syed Ibrahim Syed Noh (Ledang), S Kesavan (Sungai Siput) and Onn Abu Bakar (Batu Pahat).

“Controversy that initially revolved around vacancies in the top judicial appointments has now become critical as more information has become public knowledge,” they added.

Rafizi made three points on the vacancies: The Judicial Appointments Commission (JAC), the body that proposes candidates to the PM for appointment and elevation, had recommended new judges for the High Court, Court of Appeal and Federal Court, but the government failed to act promptly, resulting in the current vacancies, he said.

The JAC had made recommendations to Anwar before the incumbents retired, he said. 

The JAC met last Friday without the required 10 days’ notice to make new recommendations for the vacancies, he added.

Superior court judges are appointed by the king, also known as the Yang di-Pertuan Agong, on the prime minister’s advice and after consultation with the Conference of Rulers made up of the heads of the country’s royal households.

The JAC proposes qualified judicial candidates to the prime minister. Following Tengku Maimun’s and Abang Iskandar’s retirements, only seven members reportedly remain on the JAC.

They are Hasnah, Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, former attorney-general Idrus Harun, retired Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid, University Teknologi MARA legal adviser Hartini Saripan, and Federal Court judge Zabariah Yusof.

The PKR MPs also raised a fourth point: That during a previous JAC meeting, a Federal Court judge was summoned to explain accusations of trying to influence the ruling in a certain case and a change of judge.

Rafizi said that a Federal Court judge staffer – “not an influencer or a member of the opposition” – had made a police report on the matter, highlighting the seriousness of the situation.

“These facts have led to concerns among some legal practitioners and the public who see the judiciary’s troubles … that is, attempts to influence the appointment of judges and the rulings in court cases,” the MPs said in their statement.

CALL FOR ROYAL INQUIRY, PARLIAMENTARY INVESTIGATION

The MPs said they would seek and support a Royal Commission of Inquiry (RCI) into the four points raised. 

They will also officially request for a parliamentary select committee dealing with human rights, elections and institutional reforms to start proceedings and investigations into the points they raised, “including calling the prime minister to give an explanation”.

The RCI is a fact-finding body convened by the king on the advice of the Cabinet, and typically consists of ex-judges tasked to inquire and turn their findings into a report.

The PKR MPs noted that the government previously set up an RCI on a matter pertaining to judicial interference – when a video surfaced in 2007 of lawyer VK Lingam allegedly talking to former Chief Judge of Malaya Ahmad Fairuz Abdul Halim about the appointment of the latter to the office of Chief Justice of the Federal Court.

Anwar, who is currently in Brazil for the 17th BRICS Leaders’ Summit, said last week he has never interfered in judicial matters including the appointment of judges, and agreed such appointments should not be politicised.

Rafizi said on Monday the issue goes beyond party lines and partisan politics, adding that he hopes parties on both sides of the aisle lift their whips to allow members to speak freely on the matter.

“It’s very important to get everyone on board, partisan view aside,” he said, inviting MPs from parties in the opposition and Borneo-based coalitions to support the nine PKR MPs’ stand.

In their statement, the MPs said they will launch a campaign among fellow lawmakers to get broad support for an investigation by both parliament and the RCI.

They will also start an online petition and a series of “public forums” nationwide to rally the public on the matter, starting with one in Kuala Lumpur/Selangor on Jul 13 at 8.30pm before moving to other major cities.

“We call on all Malaysians to take note of this issue that will have great consequences on the country’s people and future, even though it could be seen as minor alongside other issues,” they added.

“SLAP IN THE FACE” FOR ANWAR?

The move by the nine MPs is not the norm and will have implications on their role in their party, analysts said.

It is “highly unusual” for members of the ruling party to express such dissent openly, despite believing they are acting in line with the party’s core principles, said Asrul Hadi Abdullah Sani, a partner at strategic advisory firm ADA Southeast Asia.

“This can easily be perceived as a direct affront to Anwar and an open challenge to his leadership. In other words, the PKR Nine’s actions can be seen as a slap in the face of the prime minister,” he told CNA.

The “insinuation” is that Anwar is withholding the JAC’s recommendations from Malaysia’s king and the Conference of Rulers, said analyst Azmi Hassan from the Nusantara Academy for Strategic Research.

“I think that's unbecoming of Rafizi and his group, to insinuate that (Anwar is withholding the appointments). The negative perception will be worse on the part of Datuk Seri Anwar,” he said.

Rafizi, being part of PKR and a former minister, should understand the process of filling critical roles in the judiciary, Azmi added.

The final decision on judicial appointments rests with the king and Conference of Rulers, he said. “So when Rafizi says there is some negative perception regarding this particular issue, you cannot blame the prime minister.” 

Meanwhile, it is “understandable” that Anwar has chosen to remain relatively silent as the decision was not his to make, Azmi said.

While the nine MPs’ statement will put the Anwar administration under greater scrutiny, the group is unlikely to vote against the prime minister on key legislation, Asrul Hadi said.

“However, a more significant implication could arise when an election is called, and Anwar will face pressure to drop these nine lawmakers as candidates, risking party divisions and potentially strengthening the opposition,” he said.