INTERVIEW | The ministers recently sworn into Prime Minister Dr Mahathir Mohamad's cabinet have barely had any time to settle in, finding that they have to hit the ground running so as to keep up with the Pakatan Harapan government's promises for reforms.

For newly minted de facto law minister VK Liew, among his first tasks will be to ensure the appointments of chief justices and other top judges are all above board and carried out in accordance with the provisions within the Federal Constitution.

In an exclusive interview, the minister in the Prime Minister's Department told Malaysiakini ​​​that he did not wish to see a repeat of the controversial retention of Chief Justice Md Raus Sharif and his number two Justice Zulkefli Ahmad Makinudin beyond the constitutionally mandated retirement age.

"(If you adhere to the constitution) then you cannot go wrong and become the laughing stock of the country. We will use administrative powers to make certain corrections to conditions (to ensure this does not happen again).

"Everything would have to be done according to the provisions of the constitution and the rule of law," he said when asked on how to prevent such appointments from recurring.

The Federal Constitution requires top judges to retire after they reach the age of 66 years and six months.

Raus (photo) and Zulkefli were originally appointed as chief justice and Court of Appeal president during their legal tenure.

The previous administration had, however, appointed the duo as additional judges when they reached the mandatory retirement age – meaning they were able to retain their respective posts.

This came as Article 122(1A) of the Federal Constitution provides for additional judges, who do not have an age limit imposed upon them.

Legal challenges

The then Najib Abdul Razak-led administration had argued that Raus' appointment as an additional judge was consented to by the previous chief justice Arifin Zakaria before the latter retired, while Zulkefli's reappointment was made during Raus' time as chief justice.

Former chief justice Abdul Hamid Mohamad and former Federal Court judge Gopal Sri Ram had criticised the move, calling it unconstitutional. They argued that a judge could not hold any of the top four posts in the judiciary following mandatory retirement. 

Even Mahathir, prior to assuming power in the 14th general election, had filed a legal challenge against the two judge's appointments, but the case was dismissed.

The Malaysian Bar had also brought this matter up to the Federal Court before a seven-member bench earlier this year, to look into the legality of those appointments. The bench has yet to deliver its decision.

Last month, the matter came under the spotlight again when Raus and Zulkefli (photo) announced that they would be leaving their respective posts at the end of July.

This, too, invited criticism, as several quarters felt that the July 31 resignation date was too long and would hinder the chances of several other senior judges from serving as chief justices.

In contrast to Raus and Zulkefli's controversial appointments, former Federal Court judge Jeffrey Tan Kok Wha had also been appointed as an additional judge, but was brought back a few months after he retired or had left the bench. 

'New CJ is PM's prerogative' 

As to who would be the best candidate to assume the role of chief justice next, Liew said that decision was best left to the prime minister.

"I leave it to the prime minister. I leave it to the wisdom of prime minister on the chief justice's post," said the Parti Warisan Sabah chairperson.

Chief judge of Sabah and Sarawak Richard Malanjum (photo) was earlier this week spotted at Istana Negara to witness the oath-taking ceremony of the new ministers, including Liew.

This set tongues wagging as to whether he could possibly be next in line to assume the post.

Like Liew, Malanjum is from Sabah.

Though holding the fourth most senior post in the judiciary, he is the most senior Federal Court judge, having been elevated to the position since 2005.

He was appointed chief judge of Sabah and Sarawak a year later.

Besides Malanjum, Sri Ram also considers Federal Court judge Zainun Ali as the best candidate to lead the judiciary.