Raus' appointment: Seven-member apex court will rule on Sept 24

A seven-member bench of the Federal Court will deliver on Sept 24 its decision on the controversial appointments of former chief justice Md Raus Sharif and then Court of Appeal president Zulkefli Ahmad Makinudin beyond the constitutional mandatory retirement age.

Malaysian Bar lawyer Farez Jinnah and Mohd Haniff Khatri Abdulla, the lawyer for Prime Minister Dr Mahathir Mohamad who filed a similar challenge but was dismissed by the High Court, told this to reporters today.

"We received a notice that the apex court will deliver its decision. However, Dr Mahathir also has a pending appeal on the challenge at the Court of Appeal," Haniff said.

Last Thursday, the seven-member bench led by Chief Judge of Malaya Justice Zaharah Ibrahim grilled lawyers from the Bar Council and Attorney-General's Chambers on whether a case challenging the constitutionality of the appointments was academic, as Raus and Zulkefli had already left their post in July. 

To this, the Bar's lawyer Ambiga Sreenevasan, Haniff, who stood as an intervener in the case owing to Mahathir's appeal, and the representative from the Sabah Law Association said they still want the court to make a decision.

Raus and Zulkefli vacated their posts on their own accord in July. They were replaced by Richard Malanjum as chief justice and Ahmad Ma'arop as Court of Appeal president.

During the hearing, four questions of law were posed to the seven-member bench, namely:

1. Whether under Article 121(1A) of the Federal Constitution, an additional judge can be appointed on the advice of the chief justice, which is advised to take effect after the latter's retirement;
    
2. Whether under Article 121(1A), read together with Article 122B(1), Article 122B(2) and Article 125(1) of the Federal Constitution, an additional judge can be appointed as the chief justice or Court of Appeal president;
    
3. Whether the appointment of judges by the Yang di-Pertuan Agong under Articles 122(1A) and 122B(1) of the Federal Constitution is justiciable; and
    
4. Whether the appointment of additional judges and thereafter of the chief justice and the Court of Appeal president, announced whilst they were serving judges but taking effect after retirement, violates Article 121(1), Article 122(1A) and Article 125(1) of the Federal Constitution. -Mkini