Court to rule on appointments of ex-judges

KUALA LUMPUR: The Federal Court will deliver its judgment on Monday in relation to the suit by the Malaysian Bar and the Advocates Association of Sarawak (AAS), which are challenging the appointments of two former top judges.

The Bar and AAS are questioning whether the appointments of former Chief Justice Tun Raus Sharif and former Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin as additional judges last year were constitutional.

Counsel Farez Jinnah, who acted for the Bar, said he received a letter from the Federal Court registry on Sept 14 telling him that the decision will be handed down on Sept 24.

On March 14 this year, a seven-man Bench of the Federal Court reserved its judgment after hearing submissions by parties.

The panel was chaired by Justice Hasan Lah. Other judges are Justices Zainun Ali, Ramly Ali, Zaharah Ibrahim, Balia Yusof Wahi, Aziah Ali and Alizatul Khair Osman Khairuddin.

In the legal challenge, the Bar and AAS have posed four points of law for determination by the Federal Court.

One of the questions is whether under Article 122(1A) of the Federal Constitution, an additional judge can be appointed on the advice of the Chief Justice, whose advice is to take effect after the latter’s retirement.

Another question is whether the appointments of judges by the Yang Di-Pertuan Agong under Articles 122(1A) amd 122B(1) of the Constitution is justiciable.

The Bar and the AAS are challenging the appointment of Raus and Zulkifli after they reached the constitutional mandatory retirement age of 66 years and six months.

The duo were appointed as additional judges before they assumed the top posts.

The Bar also sought declarations that Raus and Zulkefli’s appointment as Chief Justice on Aug 4 last year and Court of Appeal president on Sept 28 last year were null and void.

Raus and Zulkefli submitted their letters of resignation to the Yang di-Pertuan Agong on June 7 this year and the King gave his assent.