Opposition leaders hand petition on CJ's term extension to King


Noel Achariam

Dr Mahathir Mohamad and other opposition leaders outside Istana Negara today. The Pakatan Harapan chairman warns of a judicial crisis if the matter regarding the chief justice's term extension is not addressed promptly. – The Malaysian Insight pic by Kamal Ariffin, August 2, 2017.

OPPOSITION leaders today handed a petition to Yang di-Pertuan Agong Sultan Muhammad V challenging Prime Minister Najib Razak’s decision to retain Chief Justice Md Raus Sharif and Court of Appeal President Zulkefli Makinudin.

Pakatan Harapan and Bersatu chairman Dr Mahathir Mohamad said the opposition wanted the King to exercise his discretion under Article 130 to make a reference to the Federal Court to question whether the appointments were constitutional.

“Raus’ extension as chief justice will take effect on August 4. If this issue is not addressed promptly, it will create a judicial crisis because then, all court proceedings and decisions will be null and void.

“The judiciary system under the administration of the chief justice will also be flawed because the judiciary is not governed by a judge that is constitutional,” he said outside Istana Negara today.

Dr Mahathir said that based on the Federal Constitution the appointment of both the judges was made by the King under the advise of Najib and the King has the power to bring this matter to court before it takes effect.

“The appointments of Raus and Zulkefli on July 7, had tarnished the constitution.

“We the coalition of four parties under the banner of PH urge the King to exercise his discretion to the Federal Court to question whether the appointments are valid or not.

“We hope the King will uphold the Federal Constitution from being tainted for the sake of the people and the country.”

Dr Mahathir was joined today by opposition leaders from Bersatu, PKR, Amanah and DAP.

Raus will remain chief justice for a further three years starting August 4 after his appointment as an additional judge to the Federal Court.

His extension was recommended by the Prime Minister’s Office to the Yang di-Pertuan Agong. The new appointment was made under Article 122(1A) of the Federal Constitution.

Top judges are required to retire at the age of 66 and six months but Article 122(1A) provides for additional judges without age limit.

Raus, who is formerly the Court of Appeal president, was initially due to step down after reaching the mandatory retirement age on February 4.

The Bar Council will be having an EGM in Kuala Lumpur tomorrow and may mount an unprecedented legal challenge against the term extensions of Raus and Zulkefli.

The EGM will also be attended by members from the Sabah Law Society and the Advocates Association of Sarawak in Miri. – August 2, 2017.


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