Judges ordered out
By Shaila Koshy, The Star
KUALA LUMPUR: Two judges to go, two court staff members sacked and some demoted.
This is the disciplinary action taken so far as the Chief Justice sets new standards to weed out the “grossly inefficient”.
Justice Tun Zaki Azmi is sending out a strong message to the judges and court staff – shape up or ship out.
He has been monitoring their performance since he became the head of the judiciary last year.
Zaki confirmed, in an interview, that two High Court judges had been asked to leave the judiciary on their own accord.
Zaki, however, declined to confirm or deny the names of the two senior judges that have been on the lips of lawyers and deputy public prosecutors for a while now.
“They will be leaving between six and nine months. They were grossly inefficient,” said Zaki when asked why they had been asked to resign. The two judges have informed Zaki they will resign.
Under Article 125 of the Federal Constitution, a judge of the superior courts (High Court, Court of Appeal and Federal Court) “may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong but shall not be removed from office except in accordance with the following provisions of this Article.”
It is learnt that the competent and efficient judges and staff are pleased with the actions that have been taken because they have been demoralised getting the same salary and benefits as the deadwood.
Zaki said he had taken this action because setting up a tribunal to remove judges would be costly and time-consuming.
“The current Judges Code of Ethics also only offers a tribunal. At least the proposed new one that should be coming before Parliament has the option to caution and suspend.”
In the same interview, Chief Registrar of the Federal Court Hasnah Mohd Hashim said that she issued a show cause letter on Jan 5 to court staff telling them to buck up or face disciplinary action.
“We have since then sacked two as well as cut the salaries and demoted around five staff.
“But the process takes a long time (as they come under the Public Service Department). “Previously a court staff in the High Court might have carried on for three years being a problem and the most that happens is a transfer to the Sessions Court where he continues to be a problem. “Not any more,” said Hasnah, taking the cue from Zaki and Chief Judge of Malaya Tan Sri Arifin Zakaria.
She added that things were slowly improving. Asked how the judges were shaping up under this new zeal for efficiency, Zaki replied: “When we had the judges conference in Langkawi early this year, we set down KPIs, for example how many cases should be disposed off each month.
“At our conference last month we reviewed the judges’ performance and went after those who were not performing.”
Q:What does “went after” constitute? I ask because in Malaysia it could mean detention under the Internal Security Act.
A:(Shakes his head and laughs) I am told by the managing judges that people are taking things seriously now.
Q: I’ve heard some judges are concerned justice might be sacrificed at the speed at which they have to dispose off cases.
A: But each judge will know whether he is delivering justice. We accept that there will be those who will be slower than others but you must at least cross the benchmark. You cannot be slower than that. That’s why in the latest circular on the question of postponements, I said it is a judicial discretion. But bear in mind our policies.
Q: Have you seen improvement?
A: Yes.
Q: Are there those who haven’t improved?
A: We need to give them time. The weaker ones need to be guided while the better ones set the pace. Let me use an F1 analogy – if you’re not good you will fall behind. (Michael) Schumacher is not going to slow down for you to catch up. If you’re slow, you’ll then be left behind. In every aspect, like promotion or confirmation.
