Dr M files judicial review against COA president's tenure extension

Former premier Dr Mahathir Mohamad this evening filed a judicial review at the Kuala Lumpur High Court to challenge the appointment and tenure extension of Court of Appeal (COA) president Zulkefli Ahmad Makinudin, beyond the mandatory retirement age of 66 years and six months.

Mahathir named Prime Minister Najib Abdul Razak, Zulkefli and the government as respondents in the application, filed through the firm of Haniff Khatri Abdulla.

Zulkefli is expected to take his oath before Chief Justice Md Raus Sharif as an additional judge and COA president tomorrow morning.

The COA president received his instrument of appointment from the Yang di Pertuan Agong Sultan Muhammad V last Saturday.

Mahathir had also filed another challenge in August to object the re-appointment of Raus as the highest judicial officer, past his retirement age.

The leave application hearing for that case has been fixed for Oct 24. 

In his application against Zulkefli, Mahathir wants a mandamus order, on Najib and the government, to compel them to advise the Yang di Pertuan Agong to cancel or end Zulkefli's appointment as Court of Appeal president for another two years from tomorrow.

Mahathir is also seeking to get Zulkefli to suspend his job as Court of Appeal president until further order.

Mahathir cited Article 125 (1) of the Federal Constitution that stipulates a judge cannot serve beyond the 66 years six months mandatory retirement age.

The 92-year-old also said Article 122 (1A) stipulates that the appointment as an additional judge in the Federal Court cannot be made before the person retires, and claimed the same article does not allow any of the Federal Court judges, appointed as an additional judge, to hold the top four post of the judiciary.

The top four posts are the CJ, COA president, the Chief Judge of Malaya and Chief Judge of Sabah and Sarawak.

Besides Mahathir's challenge against Raus, a lawyer from Sabah has also been reported to have filed a judicial review to challenge the CJ's appointment and extension.

The Malaysian Bar, along with the Advocates Association of Sarawak and the Sabah Law Association, have also objected their appointments, but have yet to file any challenge. -Mkini