CJ: Don’t simply postpone cases

There have been enough verbal warnings in the past, says Malanjum

PETALING JAYA: Backlog of cases is the nightmare of every Chief Justice of the country as indiscriminate postponement of cases is found to be one of the causes of the longstanding problem.

For Chief Justice Tan Sri Richard Malanjum, there have been enough verbal warnings by his predecessors and the top judge is not waiting for situation to worsen.

Last month, Malanjum issued a practice direction, stating that no postponement request should be entertained for cases already fixed for hearing and that judges, Sessions judges or magistrates are to plan their leave and courses accordingly.

“If leave is required to be taken in some circumstances, the judge concerned must inform the parties involved within a reasonable time earliest possible.

“If the case has to be postponed on the day of hearing due to unavoidable reason such as the judge has fallen ill, or there is a death in the family, then the case will have to be taken over by another judge on the same day, if a judge is available.

“If not, the case should be rescheduled to a date soonest possible by the same judge. In the event that there is another judge who could hear the case, then the registrar should duly inform the managing judge in charge of the case assignment,” he said.

“For courts that use the pairing system, the partner should take over the case of the judge, who needed the emergency leave but with the understanding that the other judge will have to ‘pay back’ by taking over a case of similar level of difficulty when he comes back.”

The practice direction, which is a circular for judges and lawyers to abide by, also stresses that no postponement sought by the parties is allowed except only in cases where the lawyer or witness is sick or not available for a concrete reason.

Even then, an email stating the reason has to be sent to the managing judges and Chief Judge of Malaya or Chief Judge of Sabah and Sarawak on the very same day.

The latest circular by Malanjum is only one of the many transformations he has initiated.

Previously, Malanjum had also issued circulars on the necessity to hand down judgments with grounds for the purposes of appeals to Court of Appeal and Federal Court.

He even directed that a case summary be issued to the press for public interest cases to ensure accuracy in media reporting.

Other steps taken include tackling corruption by declaring judges’ assets, not accepting gifts for himself and setting up a collegiate for self-governance where there is a collective leadership and collective decision-making process by the top four judges, namely the Chief Justice, the Court of Appeal president and the two chief judges of Malaya, Sabah and Sarawak.

Spot checks have also been carried out from time to time by the Chief Justice and the other top three judges for continuous improvement and efficiency in the administrative and adjudication process.

There is even a time sheet for management of judicial time.

If the case has to be postponed on the day of hearing due to unavoidable reason such as the judge has fallen ill, or there is a death in the family, then the case will have to be taken over by another judge on the same day.

Tan Sri Richard Malanjum