Mahathir's appeal against CJ's appointment fixed for May 31

Former premier Dr Mahathir Mohamad's appeal against the controversial appointments of Chief Justice Md Raus Sharif and President of Court of Appeal Zulkefli Ahmad Makinudin has been fixed for May 31 at the Court of Appeal.

This was revealed by Mahathir's lawyer Ilyani Khuszairi when contacted by Malaysiakini. 

The date was fixed when the case came up for case management before appellate court deputy registrar Haslina Basarudin.

Mahathir had filed two separate applications to challenge the appointments of Justice Raus and Justice Zulkefli to retain their posts last August and September respectively.

This follows their appointment as additional judges, despite attaining the mandatory constitutional retirement age of 66 years and six months. 

However, Mahathir's challenge was dismissed on Nov 6, after Kuala Lumpur High Court judge Justice Azizah Nawawi ruled that while the law allows a judicial review application to be made for a mandamus order to direct a public officer to do a certain task, it can only grant the order if there is a written law that makes the task mandatory.

She said the mandamus order cannot be granted because there is no legislation that stated the prime minister must advise the Yang di-Pertuan Agong on the legality of the appointments.

However, it is understood Justice Azizah's written grounds for her decision is not out yet.

Besides this case, Mahathir's lawyer Mohd Haniff Khatri Abdulla was granted a watching brief to hear the Malaysian Bar and the Advocates Association of Sarawak's challenge against Justice Raus and Justice Zulkefli's appointment. -Mkini