After Tengku Maimun's retirement, Chief Judge of Malaya to carry out Chief Justice's duties until new appointee decided

Malay Mail

3 days ago

KUALA LUMPUR, July 3 — Following Tun Tengku Maimun Tuan Mat's retirement as Chief Justice (CJ) of Malaysia upon turning 66 this week, Chief Judge of Malaya (CJM) Tan Sri Hasnah Mohammed Hashim will be temporarily carrying out duties for the CJ post until a new CJ is appointed.
This announcement was made today by the judiciary via the Federal Court's Chief Registrar's Office.
'This office has been instructed to notify that in line with the Federal Constitution's Article 131A and Section 9(1)(b) and Section 9(3) of the Courts of Judicature Act [Act 91], the Chief Judge of Malaya will exercise the powers or perform the duties of the Chief Justice position (including its functions) until that position is filled,' it said in a brief statement.
Hasnah as the CJM is the third highest-ranked judge in the judiciary, and will now temporarily carry out the duties of the top-ranked CJ position.
This is because the second highest-ranked judge, President of the Court of Appeal (PCA) Tan Sri Abang Iskandar Abang Hashim, has also retired this week and would not be able to temporarily take on the CJ's duties.
Currently both the CJ and PCA positions are still vacant, as there are no new appointments for the two top positions in the judiciary yet.
Section 9(1)(a) states that the PCA would exercise the powers and perform the duties of the CJ if the CJ position is vacant, while Section 9(1)(b) provides for the CJM to perform the CJ's duties if the PCA position is also vacant.
Section 9(3) provides for a Federal Court judge to exercise the PCA's powers and perform the PCA's duties, if the PCA position is vacant.
Article 131A enables a Federal Court judge to also perform the CJ's functions under the Federal Constitution, if that Federal Court judge is performing the functions of the CJ post because it is vacant.