Chief judge of Malaya in two acting posts 'unprecedented' - PN

Summary

• Takiyuddin Hassan urges PM to expedite permanent appointments for two high-level judicial posts.

• PN chief whip raises concerns about the separation of powers and judicial independence, with one judge holding more than one post.

• Opposition claims govt’s delay in these appointments suggests "obvious interference, deliberate neglect, or worse still, a hidden agenda to influence or control the judiciary."

Perikatan Nasional chief whip Takiyuddin Hassan has called on Prime Minister Anwar Ibrahim to expedite the permanent appointments of two top judicial posts, following the mandatory retirements of their holders.

Takiyuddin said it is "unprecedented" for both the chief justice and Court of Appeal president's posts to be held by the Chief Judge of Malaya Hasnah Hashim, in acting capacity, as reported by Free Malaysia Today this morning.

"This is an extremely odd, extraordinary, and unprecedented development in the country’s legal history.

"It raises major questions about the strength of the separation of powers and the independence of the judiciary, both of which are fundamental to the rule of law in any democracy," said the Kota Bharu MP in a statement today.

"Even more shocking is that this appointment comes at a time when the federal government and the prime minister appear to have effectively confirmed the intention behind not extending the service of the previous chief justice and president of the Court of Appeal, both of whom recently retired upon reaching the mandatory retirement age," he added.

While FMT's report named Hasnah as holding all three top judicial positions, the chief registrar of the Federal Court in a statement only named her as acting chief justice.

Hasnah's appointment comes after Tengku Maimun Tuan Mat’s tenure as chief justice ended on July 1, with Putrajaya not announcing her replacement.

Apart from Tengku Maimun, Court of Appeal president Abang Iskandar Abang Hashim also retired yesterday.

Anwar had previously pushed back against a lobby to extend Tengku Maimun's term for six months, saying it was an attempt to politicise the judiciary.

‘Obvious interference’

Takiyuddin, however, today claimed failure to act promptly and appropriately in the appointment of top judicial positions had sparked perceptions of "obvious interference, deliberate neglect, or worse still, a hidden agenda to influence or control the judiciary".

"PN stresses that the independence of the judiciary must not only exist but must also be seen to exist.

"The government’s failure to respect and expedite the appointment process in the judiciary will only continue to erode the people’s confidence in justice and the sanctity of the law," he stressed.

The coming months will also see the retirement of other senior judicial figures, including Chief Judge of Sabah and Sarawak Abdul Rahman Sebli, and Federal Court judges Nallini Pathmanathan, Zabariah Yusof, and Hanipah Farikullah.

The tenures of Abdul Rahman, Zabariah, and Hanipah have already been extended by six months.

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