FOLLOWING the retirement of Richard Malanjum as Chief Justice on April 12, speculation has been rife that for the first time, Malaysia’s top judge could be female as one of three candidates proposed to the King is a woman.
Prime Minister Dr Mahathir Mohamad told reporters Friday night that the government is still awaiting approval from the Yang di-Pertuan Agong and Conference of Rulers on Putrajaya’s proposed list for the new chief justice.
Among the names believed to have been submitted by the Judicial Appointments Commission include Federal Court judge Justice Tengku Maimun Tuan Mat.
Tengku Maimun, who was appointed as Federal Court judge on November 26, 2018, was a judicial commissioner in 2006 before being appointed a judge of the High Court of Malaya. She was elevated to the Court of Appeal in 2013.
In November, 2016, she was also awarded the Darjah Dato’ Paduka Setia Mahkota Kelantan, which also carries the title “Datuk” by the Kelantan ruler Sultan Muhammad V.
Another name believed to have been submitted is that of Federal Court judge Azahar Mohamed, a graduate of the London School of Economics and Political Science, who has 40 years of judicial experience under his belt.
Azahar was appointed judicial commissioner in 2004, later serving in the High Court of Malaya and the Court of Appeal before being elevated to the Federal Court on in 2014.
Azahar was on the Federal Court’s five-man panel that unanimously decided against allowing the hearing of the Catholic Church’s final bid to challenge the Home Ministry’s ban of the word “Allah”.
In 2017, Azahar was appointed by former prime minister Najib Razak as a sitting court judge to the 10-member Judicial Appointments Commission (JAC), which is tasked with the selection of superior court judges. He still sits on the JAC.
A third and final possible candidate is Federal Court judge Idrus Harun, who was elevated from the Court of Appeal in November 26, last year.
Idrus was the former solicitor-general and had served as legal adviser in the Election Commission and the Malaysian Anti-Corruption Commission. His younger brother, Azhar Harun, is the current EC chairman.
His elder brother, Mahadir Harun, had served as legal adviser to the trade and industry ministry when it was headed by Dr Mahathir from 1978 to 1981.
Other judges being floated as possible candidates from the Federal Court for the first female chief justice are justices Alizatul Khair Osman Khairuddin, Rohana Yusuf and P. Nalini.
Malanjum, who is former chief judge of Sabah and Sarawak, was appointed Chief Justice by the Agong on July 11 last year, making his term the shortest in history at only nine months.
On April 12, Malanjum turned 66 years and six months, the mandatory retirement age for judges as per Article 125(1) of the constitution.
He was the first East Malaysian to have risen to the top of the apex court and was also the first Sabahan to be appointed as a judge in the high court, Court of Appeal and the Federal Court.
Previously, term extensions were granted to former chief justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin.
Both were the target of a judicial review suit by Dr Mahathir, who called the extensions unconstitutional. The duo resigned after Pakatan Harapan swept to power last May.
Another three senior judges are expected to retire soon – Court of Appeal president Ahmad Maarop and Chief Judge of Malaya Zaharah Ibrahim are due to step down this year, and Chief Judge of Sabah and Sarawak David Wong next February.
Aside from the top four senior judges, there are only nine other Federal Court judges, according to the JAC website.
Yoursay: A constitutional monarch cannot reject PM’s CJ pick
YOURSAY | ‘It’s not right for rulers to hold up and stand in the way of our democratically elected gov’t.’
Gerard Lourdesamy: Article 122B (1) of the Federal Constitution is very clear. The appointment of the chief justice is made by the king acting on the advice of the prime minister, after consulting the Conference of Rulers.
The Federal Court in Anwar Ibrahim v Public Prosecutor [2000] 2 CLJ 570, made it clear that the actual appointing authority is the prime minister and that the king could not but follow the advice of the prime minister.
The court went on to say that even the requirement to consult with the Conference of Rulers does not amount to much, as the views of the conference could be discarded.
The use of the word “consult” does not mean “consent”, the king is not bound by the advice, opinion or views of the conference.
Articles 40(1) and (1A) of the constitution are clear in that the king acts on the advice of the prime minister and that he must accept and act on such advice. The king does not retain discretion in such matters other than in those circumstances referred to in sub-clause (2) of Article 40.
Apart from the provisions of our written constitution, the power of the king is severely circumscribed by convention and precedent when it comes to appointments on the advice of the prime minister or cabinet.
A constitutional monarch cannot refuse to act on the advice of the cabinet and if he so does, the prime minister is entitled to seek a dissolution of Parliament and a fresh general election.
The danger with that is the reputation and standing of the crown would be severely affected.
If the same government is re-elected, and the sovereign still refuses to make certain appointments on the advice of the cabinet, the government may have no choice but to go to Parliament to remove the sovereign from office.
Fair Play: The real test is this, and Dr Mahathir Mohamad has said it all – he has informed the Yang di-Pertuan Agong about his choice for the chief justice’s post.
There is a need for the king to inform the other rulers, so that is being done now and we are waiting for them to give the approval.
Tun has performed his duty in accordance with the constitution. Now the king (and the rulers) have to perform their duty in accordance with the Constitution too.
Kural: Our royal institutions, which by and large have been held in high esteem since independence have of late unfortunately come under some antipathetic sentiments from the general public.
This is due primarily to the public perception of its inaction despite public grievances against the excesses of Najib Abdul Razak’s rule.
The one million signatures may have rendered a fault line outcome that needs mending now.
Mohd Isnin: The episodes of the past few weeks had opened the rakyat’s eyes. A lot of details and information of a covert attempt at sabotaging the federal government had been made known to the public.
As the events unfolds in days and years to come, the rakyat would be more aware of such attempts and are prepared to fight for true democracy.
Quigonbond: There may be a few aberrations within the Conference of Rulers, but hopefully and collectively they will agree to the appointment of a chief justice that is learned, honest, courageous, smart and independent.
BraveMalaysian: I thought the king, being a constitutional monarch, is supposed to approve the recommendations of the prime minister, on behalf the government and thus the people?
Are they now going to choose the prime minister, the chief minister, menteri besar, cabinet and excos as well? Next, they might as well choose the people’s representatives and forget about democratic elections.
Kind Soul: We have had incompetent chief justices causing our judiciary, in turn, to decide as they please, and not according to law.
Do the Malay rulers want that? Must not the best lawyer be chief justice according to the Federal Constitution?
It is for the prime minister to recommend who he thinks will make the best chief justice for the king to appoint. The best person will benefit the whole country, all people including the Malays.
Half-past-six chief justices have allowed the country to fall into the level of kleptocracy.
Kawak: This is a sad state of affairs in Malaysia. All of them are only concerned about taking care of their own personal interest. Many wore myopic racist spectacles.
They are supposed to uphold the constitution, but they are the same persons who ignore it. They want a corrupt government that plunders and share the loot.
They yell empty slogans of protecting race, religion, the nation and the rakyat. They are hypocrites of the highest level.
TehTarik: As has been mentioned before, the Malay right is hitting back at the concept of a more secular, liberal and multiethnic society. This will continue until Umno-PAS regains power in 2023.
The once-in-a-century chance of a more open society with a fair and just society, where every Malaysian is treated equally, will be lost.
As has been repeated many times, it is time Chinese, Indians and liberal Malays seriously contemplate migration or at least develop skills to become a universal citizen. Otherwise, you will drown in the tsunami of Malay and Islamic supremacy.
Kamikasi: The interference from the palace will only cause disrespect to the king and the sultans.
We appeal to his royal highnesses to please respect the ruling party and the wishes of the people.
We hope that the king will act wisely to gain respect from the citizens of this country.
Eleos: Mahathir has made mistakes in the past. I can’t see him emerging once again at 93-plus to repeat the mistakes of the 80s.
He is today driven by a deep desire to do right by the country, especially the Malays. The country believed him and voted for him on May 9, 2018.
Just look at the punishing schedule he has set for himself. He has visited so many countries championing Malaysia and its people.
Don’t indict him based on past errors. I trust him to make the best judgement where the chief justice is concerned. – MKINI
THE MALAYSIAN INSIGHT / MKINI
Idrus Harun should be the only correct choice.
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