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.

Another 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. – April 21, 2019.