SABAH and Sarawak Barisan Nasional MPs have dismissed a call by opposition lawmakers to name Chief Judge of Sabah and Sarawak Richard Malanjum as chief justice, branding the planned round-table meeting to discuss the matter a political move.

Santubong MP Wan Junaidi Tuanku Jaafar of Parti Pesaka Bumiputera Bersatu (PBB) said the debate surrounding the appointment of the chief justice should not be seen through a parochial lens.

“It’s just about the suitability of the person to hold the post, it’s not parochial. It’s not about Sabah and Sarawak,” he told The Malaysian Insight.

The natural resources and environment minister said it was up to the Judicial Appointments Commission to decide on the best person for the position, and its recommendations would be based on the federal constitution. 

“The question of MPs wanting to have round-table… it’s up to them, it’s a free country you can do that,” he added.

DAP’s Bandar Kuching MP Chong Chieng Jen had proposed to hold a round-table on the matter yesterday.

He said since Malaysia’s formation, the country had never had a chief justice from Sabah or Sarawak.

He said Malanjum was more senior than current Chief Justice Md Raus Shariff, who was supposed to retire on August 3.

Earlier this month, Prime Minister Najib Razak decided to retain Raus as chief justice for three years. Court of Appeal president Zulkefli Makinudin also had his term extended by two years.

The extension of service has caused unease in the legal fraternity.

Wan Junaidi said seniority should not be the main determinant when deciding on appointments. 

“If based on seniority, I would have been a minister long time ago,” he said.

Parti Bersatu Sabah (PBS) acting president Dr Maximus Ongkili said he disagreed with the round-table process, as it was not the proper way to decide on the position of chief justice.  

“We have submitted our own recommendation, but this way (round-table) is just politics,” he said without disclosing who they had recommended for the top judicial post. 

“We did our own submission quietly without making political noise,” the Kota Marudu MP said, adding that he also wished for better recognition for Sabah and Sarawak judges, but the process shouldn’t interfere with the prerogative of the Yang di-Pertuan Agong. 

Petra Jaya MP Fadillah Yusof said the doctrine of separation of power between the branches of government meant politicians should not interfere with appointment of the chief justice.

“As legislators, we should never interfere with that process and must respect the procedures.

“The moment you have a round-table discussion, that amounts to encroaching on the independence of the judiciary,” said Fadillah, who is works minister. – July 25, 2017.