THE High Court will hear on December 19 the Malaysian Bar’s application to refer to the Federal Court its constitutional challenge on the extensions of Chief Justice Raus Sharif and Court of Appeal President Zulkifli Ahmad Makinuddin’s tenure.

On the same day, Justice Azizah Nawawi will also hear an application from the Attorney-General Chamber’s (AGC) which is representing Raus, to strike out the originating summons from the legal profession body.

Also named as defendants are former Chief Justice Arifin Zakaria and the government, represented by the AGC

The application was made before Azizah Nawawi at Kuala Lumpur High Court today during case management proceeding.  

Six constitutional questions were raised by lawyers from the bar in its application, lead counsel Ambiga Sreenevasan told The Malaysian Insight.

The questions raised are on the constitutional validity of:

• The advice tendered by Arifin to the King on March 30 that Raus and Zulkefli be appointed as additional judges under Article 122 (1A) of the Federal Constitution.
• Arifin’s advice to the prime minister upon being consulted as to whether Zulkefli should be appointed Court of Appeal president under Article 122B of the Federal Constitution.
• The announcement of Raus’ appointment as an additional judge on July 7 this year while he was still a serving judge.
• The appointment of Raus as chief justice of the Federal Court with effect from August 4 after he attained the mandatory retirement age of 66 years and six months.
• The appointment of Zulkefli as an additional judge announced on July 7 this year when he was still a serving judge.
• The appointment of Zulkefli as Court of Appeal president with effect from September 28 this year after attaining the mandatory retirement age of 66 years six months.

The Malaysian Bar voted overwhelmingly at an extraordinary general meeting on August 3 for legal action to be taken against appointments of Raus and Zulkefli as additional judges, which allowed them to extend their service.

Raus and Zulkefli were appointed to their positions on April 1 and were originally scheduled to retire on August 3 and September 27, respectively, upon reaching the mandatory retirement age of 66 years plus six months.

Raus would remain in office for another three years, while Zulkefli for another two years.

Former prime minister Dr Mahathir Mohamad also filed for a judicial review to stop the appointments of the two judges, seeking the court to compel Prime Minister Najib Razak to advise the king to revoke the appointments of both men.

On Monday, the Kuala Lumpur High Court threw out the case.

Azizah, who presided over the case, ruled that there was no legislations that specifically required the prime minister to advise the king on the legality of the appointments. – November 9, 2017.