DISQUIET over Chief Justice Md Raus Sharif’s three year extension as an extra judge in the Federal Court despite reaching retirement age could see challenges as lawyers say it affects the perception of independence of the Malaysian judiciary.

The Prime Minister’s Office announced the extension yesterday, confirming The Malaysian Insight’s report on April 26 that Raus and Inspector-General of Police Khalid Abu Bakar will get extensions despite reaching pensionable age.

Judges retire at 66 while civil servants such as the IGP retire at 60. The last time there were equally major changes in the Bench was when the Mahathir government fired five top judges in 1988.

“I believe the Bar will do that,” said lawyer and former minister Zaid Ibrahim when asked if there will be challenges to Raus’ extension on the bench.

The Bar Council did not respond to queries from The Malaysian Insight over Raus’ appointment starting from August 4, which the Prime Minister’s Office said was together with President of the Court of Appeal Zulkefli Ahmad Makinudin’s appointment as an additional judge for the Federal Court for a term of two years commencing September 28, 2017.

Zaid, who was from the ruling Umno but now with DAP, was resigned to Raus’ extension despite lawyers’ misgivings about the move when it was first reported by The Malaysian Insight.

“We have not had rule of law along time now, it’s nothing new,” he said when contacted last night in Kuala Lumpur.

“What Najib wants , Najib gets! This is not a surprise,” Zaid added, referring to Prime Minister Najib Razak.

Constitutional law expert and former law lecturer from the International Islamic University Dr Aziz Bari said the appointments were controversial as it was about the perception of the independence and integrity of the judiciary.

“There’s no reason at all for the CJ (chief justice) to have his service extended, even if it’s a month or a week. The legal system must be allowed to continue.

“Life must go on. The show must go on. Everyone can’t just stop because of just one person. It’s not as though the current holder is so good that things will come to an end if he stops,” Aziz told The Malaysian Insight when contacted last night.

“The judiciary must be seen to be independent. That perception has been made worse by this extension.”

Aziz said the chief justice should “make a sacrifice by just leaving” rather than staying on because of the new appointment announced by the government.

“There’s no need to extend your stay. There’s nothing that he does that cannot be done by someone else. It’s not like you’re so indispensable that everything will fall apart if you leave. Let someone continue what you have done.

“In fact the same thing has to be said about the IGP. We behave as though no one else can do his job, like he’s indispensable,” he said, referring to Khalid, who is due to retire in October amid speculation he will stay on.

Last night, the Prime Minister’s Office announced the new appointments which were under Article 122(1A) of the Federal Constitution.

The top judges are required to retire after attaining the age of 66 and six months but Article 122(1A) provides for additional judges which do not have an age limit.

The provision states “Notwithstanding anything in this constitution contained, the Yang di-Pertuan Agong acting on the advice of the Chief Justice of the Federal Court may appoint for such purposes or for such period of time as he may specify any person who has held high judicial office in Malaysia to be an additional judge of the Federal Court, provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of 66 years”.

Prior to their appointments, former chief justice Abdul Hamid Mohamad had said that Article 122(1A) cannot be a backdoor to extend the tenure of the Chief Justice.

Hamid had also noted that the appointment of the additional judge must be on the recommendation of the chief justice, which meant that the chief justice will have to recommend himself if he is to be made an additional judge.

As such, he said an additional judge cannot be the chief justice.

But the PMO said that the appointment of Md Raus Sharif and Zulkefli Ahmad was made on the recommendation of the previous chief justice Arifin Zakaria, who retired on March 30, 2017.

“The appointment of Md Raus Sharif and Zulkefli Ahmad Makinudin as additional judges in the Federal Court after each of them had reached the age of 66 years and six months is made upon the respectful suggestion and advice of the chief justice at the material time, Arifin Zakaria to his Majesty the Yang di-Pertuan Agong on March 30, 2017 before Yang Amat Arif retired,” it was quoted as saying. – July 8, 2017.