AAS, SLS urge chief justice, Court of Appeal president to reconsider proposed re-appointment

MIRI: Advocates Association of Sarawak (AAS) and Sabah Law Society ( SLS) are urging Chief Justice of the Federal Court Tan Sri Md Raus Sharif and president of the Court of Appeal Tan Sri Zulkef li Ahmad Makinudin to give serious thought to their proposed re- appointment as additional judges of the federal court upon their retirement.

In a press statement issued by AAS president Ranbir Singh Sangla and SLS president Brenndon Keith Soh on Tuesday, both bodies said the press statement by the Prime Minister’s Office on July 7 announcing the re- appointment of Md Raus and Zulkef li as additional judges of the Federal Court came as a surprise.

Md Raus and Zulfefli would be appointed additional judges for three and two years respectively after they have reached the age of 66 years and six months, and would continue to hold the positions of Chief Justice of the Federal Court and President of the Court of Appeal respectively.

Noting that there were objections raised, and various parties have leapt to either criticise or defend the appointments or extensions, AAS and SLS pointed out that eminent persons have argued at length various issues of the constitutional interpretations of Article 122 (1A) of the Federal constitution.

Article 122 (1A) states that the Yang di- Pertuan Agong, acting on the advice of the Chief Justice of the Federal Court, may appoint for such purposes or for such period of time as he may specify, any person who has held high judicial office in Malaysia to be an additional judge of the Federal Court after attaining retirement age.

This was against the backdrop of Article 125 (1) of the Federal Constitution that states that “a judge of the Federal Court shall hold office until he attains the age of 66 years or such later time, not being later than six months after he attains that age, as the Yang diPertuan Agong may approve.”

SLS and AAS expressed concern that the appointments or extensions were not made through the Judicial Appointments Commission Act 2009, and there were unanswered questions on the other competent Federal Court judges not considered suitable to be appointed as Chief Justice or Court of Appeal president.

Both said public confidence in the judiciary must be of paramount importance.

SLS and AAS said there was no doubting the sterling characters and capability of Md Raus and Zulkelfi, as well as the constitutional powers bestowed upon the Yang di-Pertuan Agong pursuant to Article 122 ( 1A).

However, the timing and mode of appointments or extensions certainly gives rise to various issues raised, specifically on public perception and confidence in the judiciary.

“In view of the potential risk to public confidence in the judiciary, SLS and AAS would urge their Lordships to seriously consider these factors in mind when deciding on whether to accept the appointments/extension accordingly.”