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Free Malaysia Today
a day ago
- Politics
- Free Malaysia Today
Top courts in ‘slow mode' with heads' tenures ending soon, say sources
Chief Justice Tengku Maimun Tuan Mat, Court of Appeal President Abang Iskandar Abang Hashim and Justice Nallini Pathmanathan are waiting to hear if their tenures will be extended. PETALING JAYA : The pace of administrative functions in the Federal Court and Court of Appeal appears to have slowed down as speculation intensifies about whether the tenures of the nation's two top judges will be extended, sources said. Chief Justice Tengku Maimun Tuan Mat will go on mandatory retirement on July 1, while Court of Appeal President Abang Iskandar Abang Hashim, leaves office a day earlier, as both reach the mandatory retirement age of 66. Sources said that, except in respect of the hearing and disposal of cases, the uncertainty has hampered Tengku Maimun and Abang Iskandar in the performance of their duties. As head of their respective courts, they are tasked with empanelling judges to hear appeals, leave and other applications, which are done in advance. They are also required to respond to correspondence. 'Now it appears to be done on an urgent need-to-do basis as it is anyone's guess whether the two judges will get the six-month extension,' one source added. Former Malaysian Bar president Salim Bashir said even the Judicial Appointments Commission's monthly meetings could come to a grinding halt as the chief justice is its chairman, while the Court of Appeal president acts in her absence. 'Any vacuum and uncertainty surrounding the extensions of these two critical judicial positions will impede the commission from executing legally mandated duties,' he said. On May 20, Tengku Maimun told the media the judiciary was still awaiting formal confirmation as to whether the her tenure as well as that of Abang Iskandar and senior Federal Court judge Nallini Pathmanathan would be extended. Nallini will go on mandatory retirement on Aug 22. Prime Minister Anwar Ibrahim had said the government is mulling extending their tenures after the National Human Rights Society of Malaysia (Hakam) expressed concern over the delay. On Thursday, Malaysian Bar vice-president B Anand Raj said it was also troubled by the current state of affairs, claiming it was unusual for the chief justice, the Court of Appeal president and senior Federal Court judges not to be granted the extension. Article 125 of the Federal Constitution states that superior court judges shall hold office until age 66, but their tenure can be extended for up to six months by the Yang di-Pertuan Agong. Earlier this year, the king granted extensions to five judges of the apex court, including Chief Judge of Malaya Hasnah Hashim and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli. A retired apex court judge, who spoke on condition of anonymity, said there was no fixed time frame for when judges would be informed about whether their tenures would be extended, but said it usually takes place two months before their mandatory retirement date. Lawyer Syed Iskandar Syed Jaafar said the overall workings of the constitutional scheme points to the prime minister who advises the king on appointments, promotions and extensions. 'Granting extensions does not come as part of the constitutional monarch's discretion like appointing the prime minister or withholding consent or request for the dissolution of Parliament,' he said. Syed Iskandar expressed hope that the top judges would be given extensions or that the positions would be filled expeditiously. 'The position of the Chief Judge of Malaya was left vacant for nine months last year, with the Court of Appeal president performing the duties and functions of the role on an interim basis. There should not be a repeat for the top two positions,' he said. Lawyer A Srimurugan said Tengku Maimun, the first woman to be appointed as chief justice, had toiled hard to put the Malaysian judiciary on a positive note, especially in delivering groundbreaking and progressive judgments over the last six years. 'The government must ensure the public perception of judicial integrity and competence of judges is not compromised,' he added.
New Straits Times
22-05-2025
- Politics
- New Straits Times
JAC Act reform requires comprehensive review, constitutional amendment
KUALA LUMPUR: Any reform to the Judicial Appointments Commission (JAC) Act 2009 would require a comprehensive review, including amendments to the Federal Constitution. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said explained that the Act was tabled and passed in Parliament without any corresponding amendments to the Federal Constitution. "Our current discussion revolves around whether one is satisfied or dissatisfied with the existing structure of the Act. "If there is an intention to amend it, a comprehensive review must be undertaken, which includes amending the Constitution or introducing a new Act along with constitutional amendments. "The issue here is that no law may override the Constitution. That is the rule of law," she said during a Townhall session with law students at Universiti Malaya today. She was responding to a question regarding her views on the Chief Justice, Tun Tengku Maimun Tuan Mat's proposal to amend the JAC Act to remove the Prime Minister's role in advising the Yang di-Pertuan Agong on judicial appointments. Azalina emphasised that regardless of any views expressed, the Federal Constitution remains supreme over any Act of Parliament. "Nonetheless, if we are to consider the future direction of the JAC Act, an in-depth evaluation is necessary. "Should the government so direct, the Legal Affairs Division policy unit is capable of undertaking one," she said. At present, the appointment of judges is governed by Article 122B of the Federal Constitution, which provides that such appointments shall be made by the Yang di-Pertuan Agong, acting on the advice of the prime minister after consulting the Conference of Rulers. – Bernama
The Sun
22-05-2025
- Politics
- The Sun
JAC Act reform requires comprehensive review, constitutional amendment
KUALA LUMPUR: Any reform to the Judicial Appointments Commission (JAC) Act 2009 would require a comprehensive review, including amendments to the Federal Constitution. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said explained that the Act was tabled and passed in Parliament without any corresponding amendments to the Federal Constitution. 'Our current discussion revolves around whether one is satisfied or dissatisfied with the existing structure of the Act. If there is an intention to amend it, a comprehensive review must be undertaken, which includes amending the Constitution or introducing a new Act along with constitutional amendments. 'The issue here is that no law may override the Constitution. That is the rule of law,' she said during a Townhall session with law students at Universiti Malaya, today. She was responding to a question regarding her views on the Chief Justice, Tun Tengku Maimun Tuan Mat's proposal to amend the JAC Act to remove the Prime Minister's role in advising the Yang di-Pertuan Agong on judicial appointments. Azalina emphasised that regardless of any views expressed, the Federal Constitution remains supreme over any Act of Parliament. 'Nonetheless, if we are to consider the future direction of the JAC Act, an in-depth evaluation is necessary. Should the government so direct, the Legal Affairs Division policy unit is capable of undertaking one,' she said. At present, the appointment of judges is governed by Article 122B of the Federal Constitution, which provides that such appointments shall be made by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister after consulting the Conference of Rulers.
The Sun
20-05-2025
- Politics
- The Sun
King presents appointment letters to three judges
KUALA LUMPUR: His Majesty Sultan Ibrahim, King of Malaysia, today granted an audience and presented instruments of appointment to three judges at Istana Negara here. The ceremony, held at the palace's Singgahsana Kecil (Small Throne Room), began with the presentation of the letter of appointment to Federal Court Judge Datuk Lee Swee Seng. His Majesty also presented letters of appointment to two Court of Appeal Judges, namely Datuk Hayatul Akmal Abdul Aziz and Datuk Dr Lim Hock Leng. Among those present to witness the ceremony were Chief Justice Tun Tengku Maimun Tuan Mat, President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim, Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim and Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli. Also in attendance were Attorney General Datuk Mohd Dusuki Mokhtar, Keeper of the Rulers' Seal Tan Sri Syed Danial Syed Ahmad, Chief Registrar of the Federal Court Datuk Zamri Haji Bakar and Judicial Appointments Commission secretary Salinah Ismail. Lee was previously a Court of Appeal Judge, while Hayatul Akmal and Lim were High Court Judges before their appointments to the Court of Appeal. Following the presentation of the appointment letters, Sultan Ibrahim posed for a group photograph with the newly appointed judges.
Malay Mail
20-05-2025
- Politics
- Malay Mail
Sultan Ibrahim appoints three judges to top courts at Istana Negara
KUALA LUMPUR, May 20 — His Majesty Sultan Ibrahim, King of Malaysia, today granted an audience and presented instruments of appointment to three judges at Istana Negara here. The ceremony, held at the palace's Singgahsana Kecil (Small Throne Room), began with the presentation of the letter of appointment to Federal Court Judge Datuk Lee Swee Seng. His Majesty also presented letters of appointment to two Court of Appeal Judges, namely Datuk Hayatul Akmal Abdul Aziz and Datuk Dr Lim Hock Leng. Among those present to witness the ceremony were Chief Justice Tun Tengku Maimun Tuan Mat, President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim, Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim and Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli. Also in attendance were Attorney General Datuk Mohd Dusuki Mokhtar, Keeper of the Rulers' Seal Tan Sri Syed Danial Syed Ahmad, Chief Registrar of the Federal Court Datuk Zamri Haji Bakar and Judicial Appointments Commission secretary Salinah Ismail. Lee was previously a Court of Appeal Judge, while Hayatul Akmal and Lim were High Court Judges before their appointments to the Court of Appeal. Following the presentation of the appointment letters, Sultan Ibrahim posed for a group photograph with the newly appointed judges. — Bernama
