PETALING JAYA: The appointments of Chief Justice Tan Sri Md Raus Sharif and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin as additional judges in the Federal Court should not be politicised, says Datuk Seri Azalina Othman Said (pic).
In a statement on Tuesday, the Minister in the Prime Minister’s Department said that the appointments are in accordance with clause (1A) of Article 122 of the Federal Constitution.
“This provision explicitly states that the appointment of an additional judge to the Federal Court is the absolute prerogative of the Yang di-Pertuan Agong upon the advice of the Chief Justice at the time,” said Azalina.
She said that former chief justice Tun Arifin Zakaria had advised the Yang di-Pertuan Agong on the appointment of Md Raus and Zulkefli on March 30, when he was still the chief justice.
Last Friday, the Prime Minister’s Office stated that Md Raus would remain as Chief Justice for a period of three years from Aug 4 after his appointment as an additional judge of the Federal Court.
It also said that Zulkefli, who was appointed as an additional judge of the Federal Court for a two-year term from Sept 28, 2017, would remain as the Court of Appeal president.
On April 1, Md Raus was appointed as the 14th Chief Justice, replacing Arifin who retired after reaching the age of 66 years and six months on March 31.
Zulkefli was appointed Court of Appeal president to succeed Md Raus who turned 66 in February this year.
Azalina said the appointment of additional judges in the Federal Court is not a new practice, and that former Federal Court judge Tan Sri Jeffrey Tan Kok Hwa had been re-appointed for two years.
Former Federal Court judge Tan Sri S Chelvasingam MacIntyre had also been re-appointed as an additional judge in 1965.
“The Federal Constitution also does not preclude any additional judge in the Federal Court appointed from continuing to hold a position,” she said.
“Therefore, I hope that all parties will stop politicising the issue and allow them to continue to uphold the judiciary,” she said.
“However, any party who considers that the appointment of the Chief Justice is in contravention of the Federal Constitution can bring the matter to court in accordance with existing laws,” she said.
In a recent statement, the Malaysian Bar declared the appointments of Md Raus and Zulkefli as unconstitutional.
It said that Article 122(1A) of the Federal Constitution did not permit a former Chief Justice to advise the Yang di-Pertuan Agong on such matters and that it overstepped the Chief Justice’s constitutional role.
It also contended that the wording of the article indicated that the Chief Justice and any additional judge must be two distinct persons.
Lawyer Muhammad Shafee Abdullah, meanwhile shared Azalina’s view, similarly pointing out that Federal Court judges have been previously brought back as additional judges, such as Justices Tan and MacIntyre.
However, Shafee said that these additional judges were not the Chief Justice or Court of Appeal president.
