Seniority not a requirement for Chief Justice appointment, say experts
Emeritus Prof Datuk Dr Shad Saleem Faruqi explained that the Federal Constitution does not specify requirements for a superior court judge to become Chief Justice.
Article 123 of the Federal Constitution states that to serve as a judge of the superior courts, a person must be a Malaysian citizen with at least 10 years of experience as a lawyer or lower court judge.
"Seniority is not relevant," Shad Saleem said.
The superior courts encompass the High Court, Court of Appeal, and Federal Court.
On Friday (July 18), the Federal Court Chief Registrar's Office announced that His Majesty Sultan Ibrahim, King of Malaysia, has approved three judicial appointments, including Datuk Wan Ahmad Farid Wan Salleh as the new Chief Justice. Wan Ahmad Farid is currently a Court of Appeal judge.
Shad Saleem noted that a Chief Justice candidate could come from any superior court but must be elevated to the Federal Court, regardless of seniority.
"While traditionally, the most senior Federal Court judge is appointed Chief Justice, it is not a strong tradition," he said, citing Tun Tengku Maimun, who was appointed without being the most senior.
Tengku Maimun, the first female Chief Justice, retired on July 2 after a six-year tenure. Shad Saleem pointed out no precedent exists for appointing a Chief Justice directly from the appellate court, though it can occur.
Constitutional expert Datuk Assoc Prof Dr Wan Ahmad Fauzi Wan Husain of ISTAC-IIUM affirmed no constitutional restriction exists for elevating an appellate court judge to Chief Justice.
"As long as the appointment conforms with Article 122B of the Constitution, it is constitutional," he said.
Assoc Prof Datuk Dr Shamrahayu Abdul Aziz echoed that the Constitution does not specify criteria for appointing the Chief Justice, noting the Prime Minister or Judicial Appointments Commission typically recommends the most senior Federal Court judge.
However, she highlighted that Tengku Maimun's appointment was unprecedented as she was not the most senior but fulfilled the criteria.
Two other judicial appointments were confirmed: Federal Court judge Abu Bakar Jais will be the new Court of Appeal President, and Court of Appeal judge Azizah Nawawi will be the new Chief Judge of the High Court of Sabah and Sarawak.
The swearing-in ceremony is set for July 28 at Istana Negara.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Star
25 minutes ago
- The Star
M'sia has not granted exclusive rare earth rights to US, says minister
KUALA LUMPUR: Malaysia has not granted any exclusive rights to the United States concerning rare earth elements (REE) and the US has not made such a request, says Tengku Datuk Seri Zafrul Abdul Aziz ( pic ). The Investment, Trade and Industry Minister said that the US only requested not to be excluded from any arrangements Malaysia offers to other countries. 'It's simply not true that we gave the US any exclusive access. What they requested was to be treated on equal footing and not to be excluded from what we offer others,' he said. Tengku Zafrul said this in response to a query by Datuk Ku Abdul Rahman Ku Ismail (Perikatan–Kubang Pasu) in the Dewan Rakyat on Thursday (August 7). He also outlined Malaysia's broader strategy in dealing with its trade relations, which includes expanding access to new markets, strengthening competitiveness in key sectors, and addressing structural challenges across industries. Trade between Malaysia and the US currently accounts for about 15% of Malaysia's total global trade, he added. Meanwhile, Tengku Zafrul noted that the furniture and rubber glove industries face distinct challenges, including tariff concerns and non-tariff issues such as labour and compliance. In the furniture sector, he said two main issues are being addressed. The first is transhipment, where allegations have emerged that furniture made in China is being assembled in Malaysia and falsely labelled as 'Made in Malaysia'. 'To address this, the ministry has now taken over the issuance of certificates of origin. New guidelines are in place to ensure compliance, and this move is expected to enhance the competitiveness of our local furniture exporters,' he said. The second issue relates to tariffs. While Malaysia's main competitors—Vietnam and China—face similar tariff rates in certain export markets, Malaysian furniture exporters now see more certainty in their trade outlook. 'When we engaged with furniture industry players, they expressed that they are less worried about tariffs now. Their concerns are more about skilled labour, foreign worker policies, and other operational challenges. This is where the government's support is crucial,' Tengku Zafrul added. As for the rubber glove sector, he noted that the industry has faced pressure even before tariff measures were implemented. 'This industry has long faced stiff competition from China, Thailand, and Vietnam. So while tariffs do have an impact, the bigger issues are productivity and competitiveness,' he said. Tengku Zafrul said he has met with industry players to understand their concerns and reiterated the ministry's commitment to supporting Malaysian exporters through targeted strategies and engagement with international partners.
The Star
25 minutes ago
- The Star
Federal Court to decide on Najib's appeal over house arrest
KUALA LUMPUR: The Federal Court has set August 13 for its decision on an appeal by the prosecution in Datuk Seri Najib Razak's judicial review application concerning a royal addendum that may allow him to serve his prison sentence under house arrest. Najib's lawyer Muhammad Farhan Muhammad Shafee confirmed the matter when contacted. The decision will be delivered by a three-judge panel chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim, with Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah also on the bench. The Attorney General's Chambers is appealing to set aside a 2-1 majority ruling by the Court of Appeal on January 6, which remitted Najib's case back to the High Court to be heard on its merits. This decision overturned the High Court's earlier ruling, which had dismissed Najib's application for leave to commence a judicial review regarding the alleged additional document. On April 28, the Federal Court granted leave to the Attorney General to appeal against the Court of Appeal's decision. Najib is currently serving a six-year jail sentence in connection with the SRC International Sdn Bhd case, following the Federal Court's dismissal of his appeal and review application. In February of the previous year, the Pardons Board reduced his initial 12-year jail sentence and RM210mil fine to six years and a RM50mil fine.
New Straits Times
25 minutes ago
- New Straits Times
Court to decide A-GC's appeal against Najib addendum bid on Aug 13
PUTRAJAYA: The Federal Court has fixed Aug 13 to deliver its verdict on the Attorney-General's Chambers' (A-GC) appeal to stop Datuk Seri Najib Razak's legal bid in relation to addendum order allowing house arrest. The former prime minister's lawyer Muhammad Farhan Muhammad Shafee confirmed this when contacted today. The former Pekan member of parliament claims that a royal addendum issued by the former Yang di-Pertuan Agong allows him to serve the remainder of his jail term under house arrest. He is currently serving a six-year prison sentence in Kajang Prison after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
