RAUS Sharif’s stint as chief justice may come to an end via a Federal Court ruling on the Malaysian Bar’s constitutional challenge against his appointment, said lawyers.

They believe a plain reading of the constitution will result in the apex court ruling in favour of the Bar, which filed its legal challenge in October. 

On March 14, a seven-member bench heard the reference applications of the Bar and the Advocates’ Association of Sarawak (AAS), but deferred their decision. 

The lawyers’ groups sought a declaration that the term extension of Raus and Court of Appeal president Zulkefli Ahmad Makinudin was unconstitutional and asked for their removal.

Justice Hasan Lah headed the panel that comprised judges Zainun Ali, Ramly Ali, Azahar Mohamed, Zaharah Ibrahim, Balia Yusof Wahi, Aziah Ali and Alizatul Khair Osman Khairuddin.

“Deferred decision means that the hearing is completed, but the panel is taking its time to deliver a decision,” said Lim Wei Jiet, deputy co-chairman of the Malaysian Bar’s constitutional law committee. 

“Then it’s a pronouncement by the apex court of Malaysia and the chief justice and president of the Court of Appeal’s offices are vacated with immediate effect.”

A Judicial Appointments Commission has to then be convened to suggest names to occupy both offices to the prime minister, after which the latter advises the Yang di-Pertuan Agong to appoint the country’s two top judges. 

Raus and Zulkefli were appointed as additional judges in July last year and remained in their positions past the mandatory retirement age of 66 years and six months. 

Raus was appointed chief justice on April 1 last year and Zulkefli the Court of Appeal president on April 4. Their names were recommended by the Prime Minister’s Office during the Najib Razak administration.

Raus’ career may also end on a more dramatic note by way of a tribunal, said Surendra Ananth, co-chair of the Malaysian Bar constitutional law committee.

“The government could set up a special tribunal to remove them. And there’s no executive interference there,” he said.

The duo could be removed for misconduct under the Code of Ethics for Judges 2009, which governs the conduct of all judges and to provide guidance to judges in setting and maintaining high standards of personal and judicial conduct. 

The independence and integrity of the judiciary are provided for under the federal constitution and the Judicial Appointments Commission Act 2009 (Act 695). 

Newly appointed Attorney-General Tommy Thomas will also sit in the JAC and will have a say on the selection of the nation’s top judges, said Lim.

“The Malaysian attorney-general is widely considered one of the most powerful civil servants in the country.

“Under Article 145(2) of the constitution, the A-G is the chief legal adviser to the Yang di-Pertuan Agong, the cabinet and any minister. Hence, any major administrative decision which involves legal implications will be done in consultation with the A-G.”

DAP stalwart Lim Kit Siang yesterday urged Raus and Zulkefli to resign “gracefully” to “bring the constitutional crisis over the two top judicial posts to an end”.

Asked if a resignation would amount to interference by the executive branch, Bar Council human rights committee co-chairman Andrew Khoo said: “Why should it look bad for the executive? And in any event, which executive? The previous one or the present one?

“The Bar’s challenge is that the appointments, which are de facto extensions, are unconstitutional. A decision is pending from the Federal Court.” – June 9, 2018.