Sabah Law Society backs Bar Council stand on judicial independence

KOTA KINABALU: The Sabah Law Society (SLS) has commended the Bar Council’s stand on judicial independence, as reflected in two amended resolutions passed unanimously at the latter organisation’s 79th annual general meeting on Saturday (March 15).

SLS president Mohamed Nazim Maduarin said the Bar Council’s commitment to upholding the rule of law underscores the shared responsibility within the legal profession to safeguard Malaysia’s judicial integrity.

“For SLS, judicial independence is not just a principle, it is a belief we put into action.

“When we filed the judicial review concerning Sabah’s 40% revenue entitlement, it was not just about constitutional rights. It was also a statement of trust in the independence of Malaysia’s judiciary,” he said in a statement on Sunday (March 16).

He stressed that the courts must remain free to adjudicate impartially, even in cases involving high constitutional stakes.

ALSO READ: Anwar reiterates government’s commitment to judicial independence

“The 40% suit is, in itself, a gauge of judicial independence, an affirmation that justice can be sought and won, free from interference,” he added.

The first resolution condemned any interference in judicial affairs, particularly attempts to circumvent the constitutional and statutory framework for judicial appointments as outlined in the Federal Constitution and the Judicial Appointments Commission Act 2009.

It also called for an independent commission of inquiry to be set up regarding Chief Justice Tun Tengku Maimun Tuan Mat’s speech at the opening of the legal year in January.

The second resolution urged the Bar Council to take immediate action, whether through public statements or legal proceedings, whenever credible information arose regarding attempts to undermine judicial independence or improperly influence judicial appointments.

Nazim stressed that judicial independence is a collective responsibility and reaffirmed SLS’ commitment to advocating for Sabah’s rights while supporting national efforts to uphold the judiciary’s integrity.

“Every legal action we take is shaped by that commitment,” he said.

The Bar Council’s resolutions were presented in response to concerns that interference in the judiciary could jeopardise Malaysia’s economic stability, business confidence, and free and fair dispute-resolution mechanisms vital for commerce and foreign investment.

During the opening of the legal year, Tengku Maimun stated that judicial independence must be protected at all costs, warning that any unauthorised interference in the JAC’s functions would amount to a crime.

Her remarks were widely interpreted within the legal fraternity as a reference to judicial appointments potentially made outside the proper constitutional and statutory framework.