JUDGES will retire at 66 as Putrajaya has no plans to extend the retirement age to 70 despite senior judges seeking such extension. 

The government has no plans to table a bill to increase judges’ retirement age from 66 to 70, de facto Law Minister Liew Vui Keong told The Malaysian Insight.

“There is no agenda on this,” he told The Malaysian Insight.

Liew said the government will stick to the current retirement age for judges, adding that their tenure can be extended for a maximum of six months as enshrined in the constitution.

“When a judge has reached the age of 66 years, our constitution allows an extension of six months with the consent of the king on the advice of the prime minister,” he said.

Sources earlier told The Malaysian Insight that the judges are hopeful of obtaining Liew’s support for the proposal.

This comes at a time when the judiciary is under intense scrutiny after Court of Appeal judge Hamid Sultan Abu Backer in an affidavit last week accused senior judges of judicial misconduct, fixing cases and defrauding the government.

In the affidavit, Hamid also said senior judges had discussed with the previous government the possibility of extending the retirement age from 66 to 70.

This discussion, he said, was in breach of the concept of separation of powers that began when Najib Razak was prime minister.

The affidavit was in support of an application by lawyer Sangeet Kaur Deo seeking a declaration that Chief Justice Richard Malanjum had failed in his duty to complete investigations into two cases of judicial interference.

Yesterday, Putrajaya said it will set up a royal commission of inquiry to look into Hamid’s allegations.

Prime Minister Dr Mahathir Mohamad said Putrajaya will set up a RCI to investigate allegations of judicial impropriety although it has not decided how far back to go.

“We have not decided on how far back we are going to look into the allegations. We will determine the terms of reference of the RCI later,” he said.

However, Lawyers for Liberty executive director Latheefa Koya said Hamid’s affidavit and the retirement age of judges must be considered on their own and cannot be clouded with the scandal.

“First, increasing the age of the judges is an important issue which must be considered on its own. It cannot be linked to the current controversy over the wrongdoings of certain judges.

“Nor should it be related to the terms of service of top judges who are about to retire,” she told The Malaysian Insight.

Judges in the United Kingdom retire at 70, so the decision to increase the age is not unprecedented, but she urged the government to consider the matter carefully and study it before making any decision.

Hamid said the old cabinet was supportive of the proposal to extend the retirement age of judges but could not muster a two-thirds support in Parliament to amend the constitution.

Over the past few months, supporters of an increased retirement age for judges have argued that those in senior positions need more time for their plans to reform the judiciary.

With their terms not extended, Malanjum is due to retire in April while the president of the Court of Appeal Ahmad Maarop completes his term in May. – February 22, 2019.