Latest news with #MalaysianJudiciary
CNA
3 days ago
- Politics
- CNA
Malaysia's third-ranked judge to take on Chief Justice duties until position is filled
PUTRAJAYA: Malaysia's third-ranked judge, Chief Judge of Malaya Hasnah Mohammed Hashim, will take on the duties of the Chief Justice following Tengku Maimun Tuan Mat's retirement on Wednesday (Jul 2). Judge Hasnah will exercise the powers of the Chief Justice 'until that position is filled', said the Chief Registrar's Office of the Federal Court of Malaysia on Thursday. Malaysia's top two judiciary positions are vacant after Tengku Maimun retired as Chief Justice when she turned 66 on Wednesday, and Abang Iskandar Abang Hashim retired as the President of the Court of Appeal when he turned 66 a day later. Judge Hasnah reached the mandatory retirement age of 66 in May, but her term was extended by six months until mid-November by Malaysia's king. The Chief Judge of Sabah and Sarawak, Abdul Rahman Sebli, will retire this month when his six-month extension ends. The statement by the Chief Registrar's Office did not mention the role of the Court of Appeal president, but it added: "The Malaysian Judiciary remains steadfast in carrying out its responsibility as the guardian of justice and will continue to serve the people and the nation with utmost dedication.' The judicial vacancies at the highest level have caused disquiet in Malaysia's legal and political circles. On Monday, the Malaysian Bar slammed the 'silence and indecision on matters concerning the highest level of the judiciary', calling it 'indefensible' and a 'failure in institutional responsibility'. 'A breakdown in governance risks damaging public confidence in the judiciary and opens the door to speculation and unhealthy conjecture,' said Malaysian Bar president Mohamad Ezri Abdul Wahab, whose body comprises the country's 21,400 advocates and solicitors. The Democratic Action Party (DAP), which is part of Prime Minister Anwar Ibrahim's governing coalition, on Tuesday called for a six-month extension for Tengku Maimun and Abang Iskandar 'given their contributions and performances'. There will be 'many vacancies left in the Federal Court due to the recent and impending retirements of Federal Court judges', the DAP's central working committee said in a statement. CNA reported in February that nine of the 14 judges of the Federal Court, the country's apex judicial body, are reaching the retirement age within months of each other. Extending Tengku Maimun and Abang Iskandar's terms would 'ensure a smooth transition of new appointees to the Federal Court in due course', the DAP committee added. However, Communications Minister and government spokesperson Fahmi Fadzil said the Cabinet did not deliberate in detail on the appointment of a new Chief Justice during its meeting on Wednesday. The Cabinet meeting was chaired by Deputy Prime Minister Ahmad Zahid Hamidi as Anwar is currently on a week-long working visit to Italy, France and Brazil, Fahmi said, as reported by news outlet Malay Mail. PRIME MINISTER'S ROLE IN APPOINTMENT OF JUDGES The Chief Justice is appointed by the king, also known as the Yang di-Pertuan Agong, on the prime minister's advice and after consultation with the Conference of Rulers made up of the heads of the country's royal households. Malaysia established a Judicial Appointments Commission (JAC) in 2009 that proposes qualified judicial candidates to the prime minister. The JAC Act was meant to ensure that the selection process of judges would be unbiased, but lawyers told CNA previously that, in practice, new appointments often attract intense lobbying by politicians and segments in Malaysia's royal households. There has been talk that Terrirudin Mohd Salleh – Malaysia's former Attorney General who was appointed to the Federal Court in November 2024 with the backing of Anwar –is being promoted by politicians and segments of the royal households to be the next Chief Justice, CNA reported in February. In April, then-Chief Justice Tengku Maimun said removing the prime minister's role in the appointment of judges could free it from any perception of political influence. There have been proposals to amend the JAC Act 2009 and the Federal Constitution to remove the role of the prime minister in the appointment of judges, she said in a speech at the 24th Commonwealth Law conference in Malta, as reported by news site Free Malaysia Today. 'Such changes, in my view, would reinforce the impartiality of the selection process, ensuring that judicial appointments remain firmly grounded on merit and free from any perception of political influence,' she said. Anwar said on Monday he has never interfered in judicial matters including the appointment of judges. "When someone retires, their service is not automatically extended," he said at the Prime Minister's Department monthly assembly. "Some asked if this is the prime minister's decision? But if one understands the Federal Constitution, they would know the process," he said, as reported by media outlet New Straits Times (NST). "Just look at the recent appointments where they go to the King, then are presented for discussion with the Conference of Rulers. So all these procedures must be followed,' he said.
Malay Mail
4 days ago
- Politics
- Malay Mail
After Tengku Maimun's retirement, Chief Judge of Malaya to carry out Chief Justice's duties until new appointee decided
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.
Free Malaysia Today
5 days ago
- Politics
- Free Malaysia Today
No regrets, says retiring CJ Tengku Maimun
Chief Justice Tengku Maimun Tuan Mat reaches the mandatory retirement age of 66 tomorrow, with today being her last day in office. (Bernama pic) PUTRAJAYA : Outgoing Chief Justice Tengku Maimun Tuan Mat says she does not have any regret about her time served in the post or unhappiness over her tenure not being extended. Speaking to the media at the main lobby of the Palace of Justice on her last day today, Tengku Maimun said it had been a great privilege and honour to serve as the 16th chief justice of the Malaysian judiciary. 'No regrets. The fact that my tenure as chief justice has not been extended for another six months, that's also no issue. Six months is insignificant compared with the six years (served in the post),' she said. Tengku Maimun reaches the mandatory retirement age of 66 tomorrow, with today being her last day in office. She became the first woman to helm the judiciary when she was appointed chief justice in 2019. Her expected successor, Court of Appeal president Abang Iskandar Abang Hashim, is due to retire just a day later, while Federal Court judge Nallini Pathmanathan will retire in August. Their retirement has been the centre of heated discussion lately, with the Malaysian Bar saying yesterday that it was deeply concerned over the lack of a formally announced successor to Tengku Maimun. Prime Minister Anwar Ibrahim also said yesterday that extensions to the service of top judges must follow the procedures set out in the Federal Constitution. He said the apparent campaign to pressure the government to either extend or end specific tenures could politicise institutions meant to remain independent. Tengku Maimun said she hoped that her successor would continue her legacy. 'Going by the responses I have received from the public, especially in these last few months, and the speeches this morning from lawyers in court at my last sitting, I think I have been able to restore public confidence in the judiciary to an extent. 'My hope is that this legacy will be continued by whoever succeeds me,' she said.
