Federal Court explains oath-taking of Raus and Zulkefli

The Federal Court registrar today issued a statement to clarify the oath-taking ceremonies of Chief Justice (CJ) Md Raus Sharif and Court of Appeal (COA) president Justice Zulkefli Ahmad Makinudin as additional Federal Court judges, despite criticisms of being over the mandatory retirement age.

The registrar explained that Justice Raus took his oath as an additional Federal Court judge on Aug 4 before Justice Zulkefli, and his oath as the CJ before the Yang di-Pertuan Agong later the same day.

As for Zulkefli, he took his oath as an additional Federal Court judge on Sept 28 before Justice Raus, in the latter's capacity as CJ, and his oath as the COA president before Justice Mohtarudin Baki, the most senior COA judge.

The statement reiterated that the appointment of CJ Raus was line with Article 124(4) of the Federal Constitution, which stipulates that the oath as a Federal Court judge must be done before the CJ and if the CJ is unavailable, it must be done before the most senior Federal Court judge.

The statement also said that Zulkefli's appointment was similarly legitimate under the same article.

“The Chief Registrar of the Federal Court's office would like to state the appointment of the CJ and the COA president as additional judges of the Federal Court was done before their oath to take up their respective positions in line with the Federal Constitution,” read the statement.

On Aug 4, Justice Raus was already 66 years and six months, which is the mandatory retirement age.

However, the prime minister's office issued a statement in July announcing that Justice Md Raus and Justice Zulkelfi's tenure as CJ and COA president would be extended for a period of three and two years respectively, despite the mandatory retirement age.

Former premier Dr Mahathir Mohamad has filed a judicial review to challenge the appointments of both Justice Raus and Justice Zulkefli.- Mkini