Proham wants powers restored to judiciary

KUALA LUMPUR, Feb 14 — A human rights watchdog today said judicial powers should be restored to the judiciary to ensure its continued independence.

“Proham supports the call by the former Chief Justice Tun Mohd Dzaiddin (Abdullah) for the restoration of judicial powers in the hands of the judiciary to ensure its continued independence and to move for an amendment to Article 121(1) to reverse the judicial powers to the said two High Courts in its original form,” the Association for the Promotion of Human Rights (Proham) said in a statement.

The call came on the heels of Mohd Dzaiddin’s remarks on Saturday that the courts have become subservient to politicians in the executive arm of government today because of Tun Dr Mahathir Mohamad.

The retired judge highlighted the amendment to Article 121 of the Federal Constitution, made during Dr Mahathir’s administration in the 1980s, which effectively clipped the judiciary’s wings for over two decades.

“Proham firmly believes that the separation of powers between the legislature, judiciary and executive is fundamental to democracy and the enhancement of human rights.

“As loyal Malaysians we must restore this fundamental principle of check and balance to continue to ensure Malaysia continues in the tradition of the founding fathers, consistent with the Federal Constitution and empowered to face 2020 and beyond,” Proham said.

It said the amendment has altered the fundamental structure of the Federal Constitution and the independence of the judiciary as judicial power is limited by Parliament and being dictated by the Executive. 

“Hence the judiciary become dependent on the Executive for its judicial powers,” the non-governmental organisation said.