Steven Gan

6:11pm, Wed: It’s official. Mohamed Dzaiddin Abdullah is the new Chief Justice, the country’s top judge. As he received his surat watikah (royal letter of appointment) this afternoon from Istana Negara, one could almost hear a collective sigh of relief from the legal fraternity. 

Indeed, for weeks, there was a sense of unease. Unease because news of Dzaiddin’s promotion came from the Keeper of the Rulers’ Seal - the spokesperson for the Conference of Rulers - on the night of Nov 9, soon after the rulers had ended their meeting. Traditionally, such an announcement is made by the Prime Minister’s Department. 

No one would have batted an eyelid about this peculiar disclosure if not for the occasional acrimonious relationships among the Rulers, the judiciary and the government, all of whom are key actors in selecting Malaysia’s most powerful judge. 

But when malaysiakini asked Prime Minister Dr Mahathir Mohamad to confirm Dzaiddin’s appointment three weeks ago, he was, at best, ambiguous. “I don't know. I haven't received any news yet," he said. 

The PM could have been pulling everyone’s legs. He was present at the meeting with the Rulers to pick the new Chief Justice. More so, the choice of the new CJ is based on Mahathir’s advice. 

Malay-language daily Berita Harian had the cheek to chastise malaysiakini for speculating on Dzaiddin’s appointment. 

Surely, the person to blame is Mahathir himself for giving a cryptic answer to a very important matter. After all, this is the man who said that he would entertain all questions from journalists, even silly ones. 

To its credit, the government was quick to quash rumours about the new Chief Justice’s appointment by releasing a statement confirming Dzaiddin’s elevation two days later .

Joy to all? 

Not so easy to quell, however, are the rumours in the legal fraternity that a number of people are not particularly overjoyed at Dzaiddin’s promotion. Apparently among them are outgoing Chief Justice Eusoff Chin and outgoing Attorney-General Mohtar Abdullah. 

Both are controversial figures. 

One is mired in the controversy of holidaying with a prominent corporate lawyer VK Lingam, whose cases appeared before his court. Photos of the two and their families on vacation in New Zealand have appeared on the Net. 

The other also suffered from the case of, yes, a snapshot taken while on vacation with business tycoon Vincent Tan and, yes, the same lawyer who was with Eusoff in New Zealand. That photo, too, was posted on the Net. 

Mohtar is said to harbour the ambition of becoming Chief Justice. Obviously, he did not get it and is now out of a job with his current post given to Ainum Mohd Saaid, the first woman AG. 

No one, however, knows what Mahathir thinks of Dzaiddin. No doubt, the PM is caught between the devil and the deep blue sea. On one hand, it is in his interest to keep the old guard. But the image of the judiciary is so tarnished that something must be done about it. That “something” could be Dzaiddin. 

Clearly, the most pressing matter confronting the new Chief Justice is the appointment of judges. The head of the Appellate Court, Lamin Yunus, is due to retire in three months and there is a long list of vacancies waiting to be filled in a number of courts. 

Perhaps Dzaiddin should explore the suggestion that appointments of judges be made by a panel of former judges and eminent citizens to make such selections more transparent and fair. 

At 63, Dzaiddin will retire in two years. This doesn’t give him much time to fulfill his unspoken mission - to restore confidence in our much maligned judiciary. But short as it is, it will give Dzaiddin an acute sense of urgency.