PM urged to revoke appointment of CJ
KOTA KINABALU: Penampang MP Darell Leiking yesterday called upon the Prime Minister, Datuk Seri Najib Razak, to advise the King to revoke the appointment and extension of tenure of Tan Sri Raus bin Sharif and Tan Sri Zulkefli bin Ahmad Makinudin as Chief Justice of the Federal Court and President of the Court of Appeal respectively.
He said the concern raised by the Sabah Law Society (SLS) and Association of Advocates Sarawak (AAS) merits further consideration in view that the appointments and extensions were not made through the Judicial Appointments Commission (JAC) and may likely be unconstitutional.
“By not going through the normal process of having the Judiciary Appointments Commission involved in appointing/extending the tenure of these learned judges, the Federal government will be seen as ‘attempting to breach the walls that protect the independence of our judiciary system’ and as such, these appointments/ extensions should be revoked and to, rightfully, let the Commission to handle the appointment,” the Parti Warisan Sabah deputy president opined.
“It can be seen that the appointment of Tan Sri Raus bin Sharif and Tan Sri Zulkefli bin Ahmad Makinudin is now controversial and, as many are convinced, unconstitutional.
“A likely legal challenge may happen and would then open up further legal complications over all decisions decided by judges empanelled by Tan Sri Raus bin Sharif and Tan Sri Zulkefli bin Makinudin (even if the two do not preside in such cases)?” Darell remarked.
There would be a travesty of justice for all citizens when cases are reviewed because of the illegality of the appointment of the Judiciary, and this would, in effect, mean justice is denied, Darell claimed.
“Fortunately, when perusing through the list of non-retired judges currently serving in the judiciary, we have our Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjum, who is more senior than these two judges but had, based on all events that had transpired, been purportedly sidelined.
“We should, however, realize that there have been no official statements coming from the Prime Minister’s Office with regard to the purported sidelining of (Tan Sri) Richard Malanjum despite the on-going criticisms, protests and objections put forth by various parties for two weeks now,” he said in a statement yesterday.
“Najib should recommend Malanjum’s appointment as the CJ because he is eminently qualified, meets all the criteria for the appointment that he is lawfully deserving of it, and in order to return full independence to the Judiciary,” he said.
Darell added that SLS and AAS have clearly emphasized that public confidence in the judiciary is of paramount importance when it said that “it is important not only that the Judiciary acts independently but are seen to be independent,” and this clearly tells us that such appointments and extension should be handled by an independent body.