Lim Sue Goan
The Malaysian Insider
September 09, 2011
SEPT 9 — Prime Minister Datuk Seri Najib Razak’s recent visit to the Palace of Justice has triggered a dispute as some claimed that the visit could jeopardise the independence of the judiciary. However, I am more interested in the remarks made by retiring Chief Justice Tun Zaki Azmi.
He said that the government had allocated RM130 million to upgrade court facilities and it was normal for the prime minister to see how the money was spent. Also, the more people the more transparent it was and there was nothing to be kept in the dark. It would not affect judges’ independent judgment.
The judiciary needs money to operate and the bill is paid by the government. Then how could we be sure that the judiciary would not lose its independence for government funding?
Judiciary independence is a universal value. According to the Basic Principles on the Independence of the Judiciary adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Milan from August 26 to September 6, 1985, “it is the duty of each Member State to provide adequate resources to enable the judiciary to properly perform its functions”.
Most countries and regions such as the US, Germany, Japan, Hong Kong, Macao and Taiwan separated the expenses of the judiciary and included it in the central budget. Many countries also have a court expense budget which is planned by a court expense budget committee formed by courts or judges. There are also judges who participate in a court expense budget team and the Finance Ministry has no right to delete or seize a court expense budget and funding. Continue reading “Judicial independence and justice”