Two vacancies put the courts at the centre of a political dispute
Chief Justice Tengku Maimun Tuan Mat retired on July 2, 2025, without a successor named. With the presidency of Malaysia's Court of Appeal also vacant and several other senior judges approaching retirement by the end of the year, the delay in filling the country's highest judicial offices became a dispute over who controls the courts.
Contents
- Two vacancies put the courts at the centre of a political dispute
- Why lawyers took to the streets
- Dissent reaches Anwar's own party
- Leaked minutes and wider public protests
- How Malaysia appoints its senior judges
- Why Wan Ahmad Farid's appointment drew scrutiny
- Anwar denies interference and defends the process
- The history that shapes today's concerns
- Why the dispute matters beyond the appointments
- The July timeline and the issues left unresolved
- Key Points
On July 14, around 1,000 lawyers, accompanied by politicians, activists and members of the public, marched 2.6 kilometres from the Palace of Justice to the Prime Minister's Office in Putrajaya, Malaysia's administrative capital. The Malaysian Bar, the country's main legal association, organised the demonstration to demand appointments and an investigation into alleged political interference.
Prime Minister Anwar Ibrahim denied interfering in judicial affairs. His critics questioned whether the appointment process gave the government too much influence over judges who may eventually hear cases involving political leaders. The dispute also divided members of his own People's Justice Party, known as PKR.
The King's appointment of Court of Appeal judge Wan Ahmad Farid Wan Salleh as Chief Justice on July 18 ended the immediate uncertainty over that office. His selection nevertheless drew fresh scrutiny because he had previously served as a deputy home minister, belonged to the United Malays National Organisation, or UMNO, and moved ahead of 32 more senior judges.
By August 9, the controversy had become a test of Anwar's promises of institutional reform. The argument extended beyond filling vacancies: lawyers and civil society groups wanted to know how candidates were chosen, whether recommendations were followed and what protection judges had against political pressure.
Why lawyers took to the streets
The Malaysian Bar viewed the vacancies as a threat to the rule of law, the principle that everyone, including the government, must answer to the law. Its concern was that uncertainty at the top of the judiciary could weaken confidence in the courts and leave their independence exposed to political influence.
Lawyers wearing black robes gathered in Putrajaya on a humid July afternoon, calling for protection of judicial independence. Their march recalled earlier confrontations between Malaysia's legal community and the government over the freedom of judges to make decisions without political pressure.
The Bar's demands addressed both the immediate vacancies and the process behind them:
- Appoint qualified and independent judges promptly to the vacant senior positions.
- Publish the minutes of Judicial Appointments Commission meetings.
- Establish a Royal Commission of Inquiry into alleged interference in judicial appointments.
- Introduce reforms to protect judicial independence and make appointments more transparent.
Malaysian Bar president Mohamad Ezri Abdul Wahab described judicial independence as a guarantee of the rule of law. Explaining why the legal profession needed to speak out, he said:
silence is not an option.
Ambiga Sreenevasan, a prominent lawyer and former Malaysian Bar president, described the constant scrutiny that the dispute had required. Speaking to reporters, she said:
We have had to watch [the government] like a hawk and constantly keep tabs, which we never wanted to do,
Ambiga connected those concerns with the 1988 judicial crisis, when then prime minister Mahathir Mohamad removed senior judges following contentious rulings. For the protesters, that history made the present appointment dispute especially troubling.
Dissent reaches Anwar's own party
Nine PKR lawmakers, led by former economy minister Rafizi Ramli, publicly sought a royal inquiry and a parliamentary investigation into the appointment delays and alleged irregularities. Their intervention brought the dispute inside the ruling coalition, rather than leaving it solely to lawyers or opposition politicians.
Nurul Izzah Anwar, the prime minister's daughter and PKR deputy president, also joined the lawyers' march. Her attendance was seen as support for the Bar's demands, even while the party leadership maintained that there was no crisis.
Rafizi said Nurul Izzah's participation put PKR in an awkward position because of that official stance. The disagreement exposed a divide over how the party should respond to concerns about the judiciary and whether the government's assurances were enough.
Leaked minutes and wider public protests
Purported minutes of a Judicial Appointments Commission meeting intensified attention on the controversy. The leaked material suggested attempts to fix judicial appointments, adding to suspicions that political considerations were affecting the selection of judges.
Authorities launched an investigation into the leak under the Official Secrets Act. The Bar, meanwhile, wanted the commission's meeting minutes released publicly, placing the government's response to the disclosure alongside demands for greater openness about the appointments themselves.
Hundreds of civil society participants joined the July 14 demonstration, including representatives of Bersih 2.0 and the Centre to Combat Corruption and Cronyism. Calls for transparency came from lawmakers in both the ruling camp and the opposition, showing how widely the issue had spread.
In the days that followed, thousands more Malaysians rallied in Kuala Lumpur. Some demanded Anwar's resignation over promises they said had gone unfulfilled and over the judicial controversy. Former prime minister Mahathir Mohamad headlined one such rally, bringing a central figure from Malaysia's earlier judicial crisis into the current political confrontation.
The larger protests widened the dispute beyond the legal profession. For Anwar's government, the appointment delays were now part of a broader argument about whether its reform commitments were being fulfilled.
How Malaysia appoints its senior judges
Article 122B of the Federal Constitution sets out the appointment process. The King appoints the Chief Justice and other senior judges on the advice of the prime minister, after consultation with the Conference of Rulers, the council of Malaysia's hereditary state monarchs.
The Judicial Appointments Commission, usually called the JAC, was established in 2009 to recommend candidates to the prime minister. The prime minister then forwards names to the King. The commission therefore has a role in selecting candidates, while the constitutional process also gives the head of government an important part in their appointment.
Critics argue that this arrangement gives the prime minister substantial influence over the judiciary. Their concern centres on the separation of powers: the courts must be able to decide cases independently of the government, including disputes over the government's own actions.
The July controversy focused on claims that Anwar had ignored the JAC's recommendations and delayed appointments. Those allegations fuelled suspicions of political manoeuvring and helped explain why protesters sought both the commission's minutes and an inquiry into the process.
Why Wan Ahmad Farid's appointment drew scrutiny
The King appointed Wan Ahmad Farid Wan Salleh as Chief Justice on July 18, after weeks of uncertainty. His elevation from the Court of Appeal passed over 32 more senior judges from the Federal Court and High Court, a move described as unprecedented in Malaysia's legal history.
Wan Ahmad's earlier political career became another focus of concern. He had served as a deputy home minister and had been an UMNO member. Critics questioned his impartiality in cases involving political figures because of those past roles.
Some viewed his selection as a compromise after public resistance to other rumoured candidates, including a former attorney general described as closely linked to Anwar. The controversy therefore involved both the person appointed and the alternatives that had attracted public attention.
The government and some public commentary portrayed the appointment as a victory for judicial independence. Critics instead saw continuing political influence and a setback for meritocracy, the principle that appointments should be based on ability and qualifications.
Those competing assessments gave the July 18 announcement two different meanings. It supplied a new Chief Justice, while leaving lawyers and critics dissatisfied with how the choice had been reached and why more senior judges had been passed over.
Anwar denies interference and defends the process
Anwar repeatedly denied interfering in judicial affairs and said his government remained committed to independent courts. Describing his conduct during his tenure, the prime minister said he had:
never interfered with the court's decisions
At the 37th LawAsia Conference, Anwar also addressed the history of government interference in the judiciary and pledged that such abuses would not return:
The era of the government tampering with judicial independence for politics' sake is over… We will never allow such abuse and violations ever to happen again.
Anwar supported the Malaysian Bar's right to protest, while saying all parties should respect constitutional processes. The Attorney-General's Chambers and Istana Negara, the royal palace, also urged that judicial appointments follow the Federal Constitution and warned against politicising the process.
Critics remained sceptical. They pointed to the government's refusal to extend Tengku Maimun's tenure, Wan Ahmad's elevation over more senior judges and what they described as a broader pattern of political appointments in law enforcement and the judiciary.
The government's assurances and the protesters' demands addressed different parts of the dispute. Anwar defended the independence of court decisions and the constitutional appointment process. The Bar sought disclosure and an investigation into how appointments had been handled.
The history that shapes today's concerns
Malaysia's 1988 judicial crisis remained a central reference point. Under Mahathir, senior judges were removed after rulings unfavourable to his administration. The episode damaged the judiciary's reputation and was followed by decades of efforts to restore public trust.
Ambiga's comparison with that period explained why lawyers responded so forcefully to the 2025 vacancies. Their concern involved the independence of an institution whose relationship with political power had already been tested severely.
Anwar's own history added another layer to the dispute. He had been imprisoned on charges widely regarded as politically motivated, making the freedom of the courts a particularly sensitive issue for his leadership.
The 2018 election brought Anwar's Pakatan Harapan coalition to power and was hailed as a turning point for Malaysian democracy. Promises of institutional reform and judicial independence formed part of that political moment. The July events prompted concern that those reforms were being reversed.
Mahathir's appearance at a rally against Anwar also connected the current protests with that earlier history. A former prime minister associated with the 1988 crisis was now participating in opposition to a government accused of exerting influence over judicial appointments.
Why the dispute matters beyond the appointments
Tengku Maimun, speaking at a legal conference earlier in 2025, explained why courts need the power to uphold constitutional supremacy. Constitutional supremacy means the Constitution is the highest law, including when the courts examine actions taken by political leaders.
The former Chief Justice argued that this judicial power protects democracy and urged those concerned about it to support rather than restrict it:
The exercise of such powers (of the courts to affirm constitutional supremacy) not just protects and preserves democracy but guarantees its continued existence. I would therefore urge such parties not to be afraid of them and seek to curtail them, but to uphold them.
The argument in Confronting Authoritarianism connects resistance to authoritarian tendencies with judicial independence, political freedoms and good governance. Those concerns help explain why the appointment of a Chief Justice can become a debate about the health of democracy itself.
Criticism of Anwar's handling of the appointments also focused on morale within the judiciary and public confidence in it. Passing over senior judges and disregarding merit, critics argued, could weaken both. Some warned of a return to the "dark ages" of judicial control by political elites.
For people who depend on the courts, the central issue is whether judges can apply the law independently when powerful interests are involved. The Bar's calls for qualified appointments, transparent decisions and an inquiry were aimed at protecting that confidence.
The July timeline and the issues left unresolved
The dispute developed through a series of retirements, protests and appointment decisions. Its key dated events were:
- July 2, 2025: Chief Justice Tengku Maimun Tuan Mat retired without a successor named.
- July 14, 2025: The Malaysian Bar led a march of around 1,000 lawyers, joined by other participants, from the Palace of Justice to the Prime Minister's Office.
- July 18, 2025: The King appointed Wan Ahmad Farid Wan Salleh as Chief Justice.
- August 9, 2025: The appointment had ended the immediate uncertainty over the Chief Justice's office, while the wider dispute over independence and transparency continued.
Wan Ahmad's appointment resolved the immediate leadership question at the top of the judiciary. The broader controversy had nevertheless exposed divisions within the ruling coalition, shaken confidence in the legal system and renewed calls to protect courts from political influence.
The Conference of Rulers was expected to continue deliberating on the appointment process. The Malaysian Bar and civil society groups pledged to maintain pressure for transparency and accountability. No date was given for those deliberations or for a decision on the requested Royal Commission of Inquiry.
Several other senior judges were approaching retirement by the end of 2025, keeping attention on future appointments. The central demands remained the same: explain the selection process, examine the allegations of interference and provide stronger protection for judicial independence.
Key Points
- The retirement of Tengku Maimun on July 2 and a vacant Court of Appeal presidency triggered concern about judicial leadership.
- Around 1,000 lawyers marched 2.6 kilometres in Putrajaya on July 14, joined by politicians, activists and members of the public.
- The Malaysian Bar sought urgent appointments, publication of JAC minutes, a royal inquiry and reforms.
- Nine PKR lawmakers called for investigations, while Nurul Izzah Anwar joined the march.
- Anwar denied interference and said appointments must follow constitutional procedures.
- Wan Ahmad Farid Wan Salleh became Chief Justice on July 18, passing over 32 more senior judges.
- His appointment filled the top office, while demands for transparency and protection of judicial independence continued.






