Istana Negara sends out warning against politicisation of Malaysia's top court appointments

Istana Negara sends out warning against politicisation of Malaysia's top court appointments



Members of the First Battalion of the Royal Malay Regiment (1 RAMD) and the 21st Ceremonial Mounted Squadron (SIB) take part in the Changing of the Guard ceremony at Istana Negara, in Kuala Lumpur, May 10, 2025. — Bernama pic

Thursday, 10 Jul 2025 1:51 PM MYT


KUALA LUMPUR, July 10 — The appointment of judges to Malaysia’s superior courts must be handled with care and integrity to prevent the matter from being politicised, Istana Negara said in a statement today.

The palace stressed that the appointment of judges to the Federal Court, Court of Appeal, and High Court — including the judiciary’s leadership — is an important national matter that must be managed strictly in accordance with the Federal Constitution.


Citing Article 122B of the Federal Constitution, the statement highlighted that the Yang di-Pertuan Agong appoints the top four judicial office holders and other superior court judges on the advice of the prime minister, after consultation with the Conference of Rulers.

This process clearly expresses the principle of checks and balances within the country’s judicial system, it said.


Istana Negara also addressed the Judicial Appointments Commission (JAC) Act 2009, describing it as a law that provides for the selection process of candidates, but reiterated that it is ultimately the prime minister who holds the power to advise the Yang di-Pertuan Agong on these appointments.



“The matter of appointments under the Federal Constitution should be handled lawfully so that the exercise of powers by the Yang di-Pertuan Agong is not politicised by any party,” the palace concluded in the statement, which was posted on the official Facebook page of His Majesty Sultan Ibrahim, the King of Malaysia.

This statement from the palace follows recent public discourse and government discussions regarding key judicial vacancies.


Last night, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said stated that the Cabinet had discussed the vacancies for the two highest-ranked judicial positions — the Chief Justice of Malaysia (CJ) and the President of the Court of Appeal (PCA) — and took note of public concerns.

Azalina expressed the federal government’s commitment to filling these vacancies in full compliance with Article 122B of the Federal Constitution.

She added that the Conference of Rulers is scheduled to hold its 269th meeting from July 15 to 17.

The top two posts of CJ and PCA became vacant after Tun Tengku Maimun Tuan Mat and Tan Sri Abang Iskandar Abang Hashim reached the mandatory retirement age of 66 on July 2 and July 3, respectively.

Currently, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim and Federal Court judge Datuk Zabariah Mohd Yusof are temporarily performing the duties of the CJ and PCA, respectively, until these positions are formally filled.