Back in the saddle
Tan Sri Md Raus Sharif is sworn in once again as the Chief Justice.
PETALING JAYA: Tan Sri Md Raus Sharif has been sworn in again as the Chief Justice.
The ceremony before the Yang di-Pertuan Agong at Istana Negara started at about 10.30pm yesterday and was witnessed by Prime Minister Datuk Seri Najib Tun Razak, Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said, Court of Appeal President (PCA) Tan Sri Zulkefli Ahmad Makinudin, Chief Judge of Malaya Tan Sri Ahmad Maarop and Federal Court Chief Registrar Datuk Seri Latifah Mohd Tahar.
Earlier in the day, former Chief Justice Tun Zaki Azmi defended the decision to extend the services of the
CJ and PCA, saying the King could execute the advice to do so if the person who made the suggestion has since retired,
“There is no requirement that the Monarch must take urgent action and
It’s official: make the appointment immediately.
“Such period of time as he may specify can commence immediately or be delayed as it was in these two cases.
“The Monarch may make the appointment for any period he may specify,” Zaki said in a statement.
He said it was unfortunate that the extensions were being questioned by some people on “purely technical” grounds, reflecting a “rigid and pedantic” view of the Constitution.
In rebuttal to critics who argued that Md Raus and Zulkefli should not be allowed to be reappointed as top judges since they were now only additional judges, Zaki pointed out that Article 122(1A) is broadly worded.
“Additional judges can be appointed “for such purposes” as the King may specify. No specific purpose is specified. The Constitution must be interpreted liberally.
“Further, it must be noted that there is no constitutional bar to any judge of the Federal Court from becoming a Chief Justice... an Additional Judge, being a member of the apex court, can be the Chief Justice,’’ said Zaki.
He added that Article 125(1) was an archaic provision which required superior court judges to retire at a relatively early age of 66 with a possible extension of six months.
“This compares unfavourably with most Commonwealth countries where judges serve in office up to age 70 or more,’ he said.
“We should appreciate the Government’s acknowledgment that the retirement age for judges is too low and a constitutional amendment is being contemplated to adopt Commonwealth best practices on this point.
“Till then let us interpret our Constitution creatively and purposively to solve problems that have come to the fore,’’ he said.
On April 1, Md Raus and Zulkefli were appointed to their current positions. Md Raus replaced Tun Arifin Zakaria, who retired after reaching the age of 66 years and six months on March 31. Md Raus’ six-month extension expired on Thursday and Zulkefli’s will end on Sept 27.
The matter became a subject of public discussion when the Prime Minister’s Office announced on July 7 that the two would be appointed as additional judges under Article 122(1A) of the Federal Constitution when their extensions end so they could continue to serve in their current positions.
Md Raus’ service was extended for three years and Zulkefli’s for two years.
As a sign of protest against the extensions, the Malaysian Bar decided at an EGM on Thursday to snub all social invitations involving the two top judges and to not extend any social invitation to them.
Its president George Varughese said most members at the EGM felt that Md Raus and Zulkefli should have declined.
He said the Bar would file a suit soon to challenge the extension of the judges’ tenure.
> Go to www.thestar.com.my for full statement.