THE appointment of Raus Sharif as Chief Justice for another three years is constitutional, Attorney-General Mohamed Apandi Ali wrote in a column published today in Malay daily Berita Harian.

“There were certain parties that had asked me to explain my stand as attorney-general, whether the appointment of Raus is constitutional.

“I want make it clear that the appointment is constitutional. So, it is not appropriate that the matter is sensationalised or politicised,” he said.

Apandi said that there were those who had described the appointment of Raus as gutter politics, and that the move was orchestrated by the government and Prime Minister Najib Razak, who wanted to stay in power.

“The appointment of Raus has nothing to do with the government, as he was chosen by the King (Yang di-Pertuan Agong Sultan Muhammad V) under the advice of the chief justice pursuant to Article 122(1A) of the Federal Constitution.

“Under this clause, his appointment as an additional judge for how long a duration, is decided by the King,” he said.

Apandi said Raus’s appointment as an additional judge was made by the King under the advice of former chief justice Ariffin Zakaria on March 30.

“After the King had presented his choice that Raus be appointed, only then the prime minister had advised the King that Raus should be made chief justice.

“For me the phrase “Bagi apa-apa maksud” (for whatever purpose) in the federal constitution, covers a wide scope and I agree that it does not exclude all together the appointment as additional judge as the chief justice.”

Apandi also touched on the Bar Council’s assertion that the appointment of an additional judge as chief justice has never happened before.

“Raus had said that just because it has never happened before, it does not mean it can’t happen.”

Raus was sworn in last week as chief justice for three years, with immediate effect.

The Malaysian Bar had opposed to the term extension of Raus, who is past the retirement age limit of 66 years and six months.

At the Malaysian Bar EGM last week, the member of the bar voted to impose a social boycott on Raus and Court of Appeal president Zulkefli Ahmad Makinudun, whose age also exceeds the limit for a Federal Court Judge, should they accept their term extensions.

The Bar will also challenge the term extensions in court, with former Bar president Ambiga Sreenevasan warning that the two judges could stay “forever” if the appointments were not challenged with “absolute clarity”. – August 8, 2017.