Bar can declare Raus, Zulkefli appointments illegal, says Varughese

Malaysian Bar chief George Varughese says Judicial and Legal Service Officers Association have right to reject Bar’s motion to dispute appointments but it doesn’t change stand.

PETALING JAYA: The Malaysian Bar says its resolution to overwhelmingly take a vote of no confidence against Md Raus Sharif and Zulkefli Ahmad Makinudin over their appointments as chief justice and Court of Appeal president, respectively, is legal.

Bar president George Varughese said this in response to a motion passed by the Judicial and Legal Service Officers Association (Jalsoa) in its Extraordinary General Meeting (EGM) earlier, to reject interference and to dispute from any quarter, including the Malaysian Bar, Raus’ and Zulkefli’s appointments.

“Jalsoa are perhaps unaware or ill-informed of the legal mandate upon which the Bar’s resolutions were premised.

“The Malaysian Bar’s EGM on Aug 3 and the resolutions passed at the meeting were undertaken to uphold the cause of justice, uninfluenced by fear or favour, pursuant to Section 42 of the Legal Profession Act 1976,” Varughese told FMT.

He said as such, the question of interfering in the appointments of Raus and Zulkefli as additional judges and to continue holding their administrative positions, as resolved by Jalsoa, did not arise.

Following the EGM, Jalsoa released a statement saying that the Bar did not have the right to make the motion nor to “urge Raus to reject the appointment and the resolution of no confidence on the appointment of the chief justice and the Court of Appeal president.”

Jalsoa added that the Bar was not supposed to make such a demand disputing the appointment of Raus and Zulkefli.

“Jalsoa is of the opinion that all parties should respect the status of the judiciary as an independent institution, and its roles in upholding the constitution, justice and the laws, as well as protecting the interests of the nation,” the statement said.

Varughese said the Bar respected Jalsoa’s right to express their views but did not agree with the stand taken in the motion.

He said the Bar resolved that the said appointments are unconstitutional and void because of clear and unambiguous provisions in the Federal Constitution.

He said the unconstitutional appointments would result in a severe erosion of public confidence in the judiciary and may invite an adverse perception as to the judiciary’s independence and integrity.

“The vital nature of the roles and duties of the chief justice and the Court of Appeal president under the constitution requires the circumstances of their appointments to be beyond any constitutional controversy,” Varughese said.

The government had extended the services of Raus up to August 2020 while Zulkefli will remain in office until September 2019.

Many in the legal fraternity, including two retired judges, have come out in the open to declare that Raus and Zulkefli should not remain in their positions after the mandatory retirement age of 66 with a maximum extension of six months.

Former prime minister Dr Mahathir Mohamad has taken the matter to court, challenging the appointment of Raus as chief justice. -FMT