Fearlessly independent retired judge 
to steer Competition Commission

Mohd Hishamudin replaces a former Setiu MP whose term was supposed to expire in March 2020

By HABHAJAN SINGH

Datuk Seri Mohd Hishamudin Md Yunus, a fearlessly independent retired judge with some 750 judgements in both the High Court and Court of Appeal under his belt, has been tapped to steer the Malaysia Competition Commission (MyCC).

Mohd Hishamuddin, who retired from the Court of Appeal in September 2015, is a widely respected member of the judiciary.

His appointment was announced in a MyCC statement released last Friday.

Mohd Hishamudin replaces Datuk Che Mohamad Zulkifly Jusoh who was appointed effective April 1, 2017.

Che Mohamad, 58, a former Sessions Court judge and MP for Setiu of the 13th Parliament, was supposed to serve until March 2020.

In a commentary written at his retirement, constitutional law expert Emeritus Professor Datuk Dr Shad Saleem Faruqi said Mohd Hishamudin’s years on the bench were marked with integrity, fearless independence and an unwavering commitment to constitutional supremacy.

“He showed tenderness for fundamental liberties and exhibited a creative and activist streak in his interpretation of laws. He will be remembered with respect by all those who believe that the judiciary must balance the might of the state with the rights of citizens,” he wrote in a column for a local newspaper.

Last month, both Mohd Hishamudin and Shad Saleem were among the four new faces appointed as eminent persons to the Judicial Appointments Commission (JAC). Joining them were former judges Datuk Mah Weng Kwai and Datuk Linton Albert.

With 45 years of legal experience, Mohd Hishamudin has also obtained the International Commercial Arbitration certification from the Chartered Institute of Arbitrators, UK, according to the MyCC statement.

It added that he has also served as legal advisor to the Ministry of Primary Industries and a spokesman for rubber-producing countries at the Natural Rubber Agreement Negotiations in Switzerland.

He also served as the head of delegation for the International Bar Association’s Human Rights Institute to South Africa before becoming the arbitrator at the Asian International Arbitration Centre.

In the same statement, MyCC announced the appointment of Datuk Mohd Jamal Sulaiman, a former senior director at the Public Works Department, as commissioner.

MyCC was established in 2011 with the purpose of enforcing the Competition Act 2010. The commission is tasked to safeguard the process of free and fair competition in the commercial market for the benefit of consumer welfare, efficiency of enterprises and the development of the economy as a whole.

The competition policy is formed to help promote and protect the competitive process, and provide a level playing field for all enterprises. Fair and effective competition contributes to improvements in economic efficiency, economic growth and development, as well as consumer welfare, according to information at its website.