HomeNewsBeritaBusinessLifestyleOpinionWorldSportsPropertyEducationCarzillaGalleryVideosAccelerator

Anwar: Raus swearing in ‘black moment in constitutional history’

-

Plain reading of the provisions of the Federal Constitution, forbid these appointments, says Anwar Ibrahim.

248
Shares
Total Views: 20
raus_anwar_law_600

PETALING JAYA:
Former opposition leader Anwar Ibrahim has condemned the swearing in of Md Raus Sharif as chief justice, calling it a “black moment in Malaysia’s judicial and constitutional history”.

Last night, Raus was sworn in again as chief justice before the Yang di-Pertuan Agong at Istana Negara. He was first appointed to the position on April 1, taking over from Arifin Zakaria who retired on March 31.

As Raus had reached the age of 66 years and 6 months on Thursday, he is automatically considered to have retired but his tenure was extended by way of him being made an additional judge of the Federal Court.

“This appointment, and the subsequent appointment of Zulkefli Ahmad Makinuddin as Court of Appeal president, is being pushed through by (Prime Minister) Najib Razak despite the protests of a wide section of society, including legal luminaries, the Malaysian Bar and elected representatives.

“Most of all, the plain reading of the provisions of the Federal Constitution, forbid these appointments,” Anwar said, before commending the “strong and principled stance taken against this unconstitutional appointment” by Pakatan Harapan MPs who delivered a memorandum against it to the King on Aug 2.

Anwar, who is currently in the middle of a five-year jail term, said the resolutions passed by the Malaysian Bar at their EGM on Thursday also shows the gravity of the issue among the legal fraternity.

“The Malaysian Bar’s actions, including the declaration of no confidence in Raus, is a measure of the Bar’s grave concern over these irregular appointments.

“These appointments highlight Najib’s continuing disregard for constitutional propriety and the rule of law in Malaysia,” he said, calling for the people to unite behind Pakatan Harapan.

“Najib’s actions are tainted by self-interest and his desperate struggle for his own political survival.”

On July 7, the Prime Minister’s Office (PMO) released a statement announcing that Raus will continue to hold the position of chief justice for another three years from Aug 4.

PMO also said Court of Appeal president Zulkefli would also have his appointment extended for another two years from Sept 28.

This was made possible by them also being appointed as additional judges in the Federal Court pursuant to Article 122 (1A) of the Federal Constitution, immediately upon them both reaching their mandatory retirement age.

The announcement was met with much derision as political leaders, former judges and lawyers all criticised the move as being unconstitutional and without precedent.

However, the PMO later said that it was well within the constitution as the recommendation for them to be made additional judges in the Federal Court and thus, keep their leadership roles, came from Arifin on March 30, a day before retired.

“Based on the suggestion and advice of the then Chief Justice Arifin Zakaria to the King on March 30 before he retired, the proposal and advice was accepted by the Yang di-Pertuan Agong in accordance with Article 122(1A) of the Federal Constitution,” it said.

Raus sworn in as Chief Justice

Bar EGM necessary as rule of law is under siege, say lawyers

Raus Sharif’s extension as CJ ‘unconstitutional’, says Kit Siang

Bar says retaining top judges unconstitutional, to call EGM

Raus Sharif’s tenure as CJ extended 3 years

Stay current - Follow FMT on WhatsApp, Google news and Telegram

Subscribe to our newsletter and get news delivered to your mailbox.