Where’s the limit, ex-Bar chiefs ask on top advisory council

Two former Bar presidents say the CEP violated the rule of law by summoning the top two judges and telling them to resign.

Former Bar presidents Zainur Zakaria (left) and Param Cumaraswamy.

PETALING JAYA: Two former Malaysian Bar presidents today voiced disapproval over the Council of Eminent Persons (CEP) summoning and telling the nation’s top two judges to resign.

They said the CEP, which was formed to advise the government on economic and financial matters, had overstepped its boundaries.

They added that the CEP’s act was a clear violation of the rule of law and amounted to a “blatant interference by the executive in the affairs of the judiciary”.

Zainur Zakaria said it was wrong for the CEP to press for the resignations of Raus Sharif and Zulkefli Ahmad Makinudin, who will step down as chief justice and Court of Appeal president effective July 31.

Speaking to FMT, he said this would set a dangerous precedent.

“The issue of the constitutionality or otherwise of their appointments is before the Federal Court for determination,” he said, referring to a legal challenge mounted by the Malaysian Bar and the Advocates Association of Sarawak.

Zainur said no matter how unhappy some people were over the appointments, the matter must be resolved in accordance with the legal process.

“It does not matter how many legal experts hold the view that their appointments were unconstitutional. There are two opposing views. Who is to say which view is correct?

“The constitutionality or otherwise is not determined by accepting only one side of the argument.”

Zainur added that the Pakatan Harapan government must not unwittingly conduct itself in the manner of Barisan Nasional which has been accused of disregarding the rule of law.

He was responding to a statement by Prime Minister Dr Mahathir Mohamad defending CEP chairman Daim Zainuddin for summoning the judges and demanding their resignation.

Speaking to the Malaysian media at the conclusion of his three-day working visit to Japan, Mahathir said he did not think that the CEP had overstepped its boundaries.

“I don’t think so. They have the right to talk to a lot of people who are today innocent because they haven’t been charged. But they can give information that will lead to our taking action against a lot of people.

“They indicated to the two judges that it’s good if they were to resign, otherwise the government may have to take action to remove them because we believe that the extension of their office as senior judges was not right,” Mahathir had said.

Another former Bar president, Param Cumaraswamy, said the public had the right to know the boundaries of the CEP as it was an administrative body set up after Mahathir was sworn in and well before the partial Cabinet was formed.

“The public to date does not know what its terms of reference are, if at all there are any. Moreover, as an advisory body is it proper for the CEP or any of its members to make public statements of its meetings and its findings at each and every occasion?” he asked.

Param said Daim’s summoning of the two judges and call for them to step down clearly undermined the principles of separation of powers and rule of law in a constitutional government.

Bukit Gelugor MP Ramkarpal Singh earlier said Mahathir’s support for the CEP was ill-advised and contrary to the rule of law.

Ramkarpal said there was nothing wrong with criticising the appointments of Raus and Zulkefli but it was quite another matter to summon them and demand their resignations.

“The constitution sets out the mode of the removal of judges. This must be adhered to at all times in accordance with the rule of law,” he added. -FMT