No more controversial CJ appointments, says new law minister

For the new ministers only recently sworn in into Prime Minister Dr Mahathir Mohamad's Cabinet, there is barely any time to settle in as many find they must hit the ground running so as to keep up with Pakatan Harapan government's promises for reforms.

For newly minted de facto law minister VK Liew, among his first task would be to ensure the appointments of chief justices (CJ) and other top judges are all above board and carried out in accordance with the provisions within the Federal Constitution.

The Minister in the Prime Minister's Department told Malaysiakini in an exclusive interview that he did not wish to see a repeat of the controversial retention of Chief Justice Md Raus Sharif and his number two Justice Zulkefli Ahmad Makinudin beyond the constitutional mandatory retirement age.

"(If you adhere to the Federal Constitution) Then you cannot go wrong like by becoming the laughing stock of the country. We will use the administrative powers (of the government) to make certain corrections to conditions (to ensure this does not happen again).

"Everything would have to be done according to the provisions of the constitution and the rule of law," he assured when asked on how to prevent such appointments of chief justices from recurring.

As stipulated under the constitution, top judges must retire after they reach the age of 66 years and six months.

Justice Raus and Justice Zulkefli (picture, below from right) were originally appointed as chief justice and Court of Appeal president during their legal tenure.

The previous administration had, however, appointed the duo as additional judges when they reached the mandatory retirement age. Hence, they were able to retain their posts accordingly.

This came as Article 122(1A) of the Federal Constitution provides for additional judges, which does not have an age limit.

Legal challenges

The then Najib Abdul Razak-led government had argued that Raus' appointment as additional judge was consented to by the previous chief justice Arifin Zakaria before the latter retired, while Zulkefli's reappointment was made during Raus' time as chief justice.

Former chief justice Abdul Hamid Mohamad and former Federal Court judge Gopal Sri Ram had criticised the move, calling it unconstitutional. They argued that a judge could not hold any of the top four posts in the judiciary following mandatory retirement. 

Even Mahathir, prior to the 14th general election and being appointed as the seventh prime minister had filed a legal challenge against the two judge's appointments, but the case was dismissed.

The Malaysian Bar had also brought this matter up to the Federal Court before a seven-member bench earlier this year, to look into the legality of those appointments. The bench has yet to deliver its decision.

Last month, the matter came under the spotlight again when Justice Raus and Justice Zulkefli announced that they would be leaving their respective posts at the end of July.

This, too, invited criticism as several quarters felt that the July 31 resignation date was too long and would hinder the chances of several other senior judges from serving as chief justices.

In contrast to Justice Raus and Justice Zulkefli's controversial appointments, former Federal Court judge Jeffrey Tan Kok Wha had also been appointed as an additional judge but was brought back a few months after he retired or had left the bench. 

'New CJ is PM's prerogative' 

As to who would be the best candidate to assume the role of chief justice next, Liew said that decision was best left to the prime minister.

"I leave it to the PM (Mahathir). I leave it to the wisdom of PM on the CJ's post," the minister, who is also Parti Warisan Sabah chairperson, said.

Chief Judge of Sabah and Sarawak Richard Malanjum (picture, above) was earlier this week spotted at Istana Negara to witness the oath-taking ceremony of the new ministers, including Liew. This set tongues wagging as to whether he could possibly be next in line to assume the post.

Like Liew, Justice Malanjum is from Sabah.

Justice Malanjum, although holding the fourth senior post in the judiciary, is the most senior Federal Court judge, having been elevated to there since 2005.

He was appointed Chief Judge of Sabah and Sarawak in 2006.

Besides Justice Malanjum, Sri Ram also considers Federal Court judge Justice Zainun Ali as the best candidate to lead the judiciary. - Mkini