Tenure of Sabah, Sarawak’s top judge extended, says source

 

Abdul Rahman Sebli, the current Chief Judge of Sabah & Sarawak, will retire in July 2025. (File pic)

PUTRAJAYA: 

The tenure of Justice Abdul Rahman Sebli as Chief Judge of Sabah and Sarawak (CJSS) has been extended by six months as allowed under the Federal Constitution, sources say.

A source said the decision, made by Yang di-Pertuan Agong Sultan Ibrahim, was based on a recommendation by the Judicial Appointments Commission (JAC).

Under Article 125 of the constitution, judges are obliged to retire at the age of 66, although the king retains a discretion to extend their tenure by a maximum of six months.

As a result, Rahman, who will turn 66 on Jan 25, will remain in office until July.

He assumed his present post on Jan 17 last year, taking over from Abang Iskandar Abang Hashim who was elevated to the Court of Appeal president.

Lawyer Roger Chin said Federal Court judge Rhodzariah Bujang is a frontrunner for the position of CJSS, the fourth highest office in the judiciary, as she is the only judge from the Borneo region currently sitting in the apex court.

“If appointed, the 63-year-old will create history as the first woman to hold the coveted position,” said Chin, a former Sabah Law Society president.

The judiciary is currently led by Tengku Maimun Tuan Mat, the first woman to be appointed the country’s chief justice. Women have also occupied the posts of Court of Appeal president and Chief Judge of Malaya.

However, another source said there is nothing to prevent a judge from the Court of Appeal being made the next CJSS.

“The judge could be elevated to the Federal Court and appointed to replace Rahman,” the source said.

The Federal Court bench currently has one vacancy, with another set to open up in April when Justice Harmindar Singh Dhaliwal retires.

Court of Appeal judges Azizah Nawawi and Supang Lian are both natives of Sarawak, and may also be candidates for the post of CJSS.

The appointment process will see the JAC, chaired by Tengku Maimun, nominate a suitable candidate to replace Rahman as CJSS.

The king will then make the appointment, acting on the advice of the prime minister and after consulting the Conference of Rulers, in accordance with Article 122B.

Retired judge Hishamuddin Yunus said Article 122B(3) of the constitution requires the prime minister to consult both Sarawak’s premier and the chief minister of Sabah on the proposed appointment.

He said this was based on Article 8 of the Malaysia Agreement read together with item 26(8)(b) of the Inter-Governmental Committee Report.

Hishamuddin, who is also a former JAC member, said this is one of the constitutional safeguards guaranteed to the two East Malaysian states when Malaysia was formed in 1963. - FMT