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Monday, July 10, 2017

Amanah urges Raus to decline extension as CJ



Parti Amanah Negara (Amanah) has called on Md Raus Sharif to decline his appointment as an additional judge, which will see him serve as chief justice for another three years.
“Justice Raus would be doing his duty by not accepting (the appointment).
“If you want to appoint, then the appointment should be made according to the constitutional framework,” said the party's legal division head and Sepang MP Mohd Hanipa Maidin.
He also pointed out that based on the law cited, it would be tantamount to Raus appointing himself.
Hanipa said Amanah would also file a judicial review regarding the appointment after the Malaysian Bar concludes its extraordinary general meeting on the same matter.
He also urged the government to admit that extending Md Raus' tenure was unconstitutional.
According to the law, he said if Article 122 Clause 1A is invoked for the extension, then the extension is based on the recommendation of the Prime Minister's Office to the Yang di-Pertuan Agong on the advice of the chief justice himself.
“The government says (the extension) is based on Article 122 (1A) on the support of former chief justice Arifin Zakaria.
“But I am puzzled. Why is it (based) on Arifin's recommendation as an additional judge as he has retired. I hope the government recognises its mistake,” he told a press conference in Kuala Lumpur today.
Last Friday, the Prime Minister's Office (PMO) issued a statement that Raus would continue to hold the post of chief justice for another three years beginning Aug 4, after being appointed as an additional judge beginning from that date for the same duration.

Justice Raus and Court of Appeal President Justice Zulkefli Ahmad Makinudin's appointment as additional judges were based on Article 122(1A) of the Federal Constitution.
The PMO statement added that based on Article 122 B(1) of the Federal Constitution, the Agong on the advice of the prime minister, and upon consultation with the Conference of Rulers held on May 24 and 25, had agreed to the two appointments.
On Saturday, the Malaysian Bar described the appointments as "blatantly unconstitutional" and announced that it would hold an emergency meet on the matter.- Mkini

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