PM to brief MPs on judicial appointments next week, says Seremban MP
The Seremban MP said the Conference of Rulers is also due to meet next week where the Rulers would also be briefed on the matter.
"The PM will have a session with MPs next week and they will have the opportunity to seek any clarification on the matter.
"The Cabinet had also discussed this yesterday (July 9) and we are clear that there is a process in the appointment of the Chief Justice," he told reporters after handing over motorcycle licences to students from B40 families.
Loke, who is also Transport Minister, said it was not wrong if the position of Chief Justice was not immediately filled.
"The Federal Constitution clearly states that when there is a vacancy (in the post of CJ), the Chief Judge of Malaya can be made acting Chief Justice.
"Also, the appointment can only be made after the King gives his consent upon being advised by the PM and after consulting the Conference of Rulers," he said.
Loke said since the Conference of Rulers was only meeting next week, it was not proper for anyone to supercede this.
He was asked to comment on a move by Pandan MP Datuk Seri Rafizi Ramli who has urged MPs to support the establishment of a Royal Commission of Inquiry (RCI) to investigate recent allegations over judicial appointments.
Rafizi, who said he has sent out letters to the MPs urged them to also support the Parliamentary Special Select Committee for human rights, elections, and institutional reforms to probe into the matter as well as to get Datuk Seri Anwar Ibrahim to provide an explanation on the matter.
On July 3, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim had assumed the role of Chief Justice temporarily.
The post had been left vacant without any announcement of a successor following the mandatory retirement of Tun Tengku Maimun Tuan Mat the day earlier.
In a statement, the Chief Registrar's Office said that Justice Hasnah assumed the powers and duties of the Chief Justice in accordance with Article 131A of the Federal Constitution (FC) as well as the provisions under Section 9(1)(b) and Section 9(3) of the Courts of Judicature Act (CJA).
Article 131A of the FC states that if the office of the Chief Justice is vacant, or if the Chief Justice is unable to perform the functions of the office, the next most senior Federal Court judge shall assume those responsibilities until a new appointment is made, or the Chief Justice resumes duty.
Justice Hasnah was elevated to the Federal Court in December 2019.
She was appointed as the 14th Chief Judge of Malaya on Nov 12 last year, making her the third woman to hold the position after Tan Sri Siti Norma Yaakob and Tan Sri Zaharah Ibrahim.
Earlier Thursday (July 10), Istana Negara, in a statement, reminded all parties that the appointment of superior court judges must be handled with integrity and in strict adherence to the Federal Constitution to prevent any form of politicisation.
The Palace emphasised that judicial appointments are a matter of national importance and must be managed carefully, reflecting the principle of checks and balances.
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