KUALA LUMPUR: Prime Minister Datuk Seri Anwar Ibrahim has called on members of the legal fraternity to continue supporting the government’s initiatives to institutionalise good governance.
Anwar said the initiatives can be bolstered by advocating transparency and reinforcing the government’s current efforts to hold to account the gross abuses of power as well as corrupt practices of those who had full control over the reins of power.
“No doubt working on the present for the better of the future is essential but equally imperative is to bring to justice the perpetrators of corruption in the past.
“Giving them a free pass without accountability is to give a blank cheque for the perpetration of future abuses. We need to see a forceful demonstration of this fervour from the Malaysian Bar,” he said when delivering his keynote address at the International Malaysia Law Conference (IMLC) 2023 here today.
According to Anwar, this was the essence of democratic accountability that people are not only accountable but must be seen to be accountable as well, and this too is the affirmation of justice.
“In this regard, I am reminded of His Royal Highness Sultan Azlan Shah, who upon his ascent to the throne in 1989 as Yang di-Pertuan Agong made the pledge ‘to rule Malaysia with utmost justice based on the Laws and the Constitution of the nation … to stand for justice and peace of the nation’,” he added.
With regard to the rule of law, Anwar said it cannot be viewed purely from the prism of theoretical jurisprudence for such a principle cannot be realised if the man in the street or those lacking the economic resources are unable to access the halls of justice.
“In this vein, I applaud the Malaysian Bar for their valiant efforts in providing Legal Aid, via a scheme established more than 40 years ago,” he said.
Anwar said as the legal profession is essential to the administration of justice and facilitation of economic activity, it is his hope that Malaysian lawyers embark on this trajectory to elevate the legal profession and become a beacon for the region and the globe.
The prime minister also said “being fair and impartial” is one of the hallmarks of judicial independence.
The prime minister said there is no need to reinvent the wheel here as independence of the judiciary means that the “judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or interferences….”.
In other words, he said, a judiciary that is independent, impartial and competent is fundamental to the rule of law and engenders public confidence.
“We could well say it is the very bulwark of justice itself,” he said.
He further said this sounds easy on paper but, from the empirical standpoint, going back to certain years in the past, such independence may not be that evident and in many ways through no primary failing of the judiciary itself.
“Thanks to the blatant violation of the principle of separation of powers by those holding the reins of power not too long ago, we have witnessed the naked and brutal assault on the judiciary,” he said.
Anwar said this culminated in the emasculation of the judicial process itself, particularly in cases involving politicians who had posed a serious threat to the powers that be.
He said being held to ransom by the said personalities, certain judges consequently made judicial decisions which “completely offended against our sense of justice and good conscience”.
“Nevertheless, as I stand here today, I can say with utmost certainty, that since my taking office as prime minister, not only have I not encroached upon even a single inch of this sacred terrain, but that I shall defend, at all costs, the independence of the judiciary.
“In this regard, I must commend our Chief Justice Yang Amat Arif Tun Tengku Maimun (Tuan Mat) for her courageous role in strengthening our faith in the judiciary.
“And by this, I mean that thanks to her steadfast stand on the independence of her judicial office and that of her judicial brethren in the face of relentless attacks, the horizon for continued judicial independence appears bright and promising,” Anwar said. – BERNAMA
