KUALA LUMPUR, Aug 2 ― Pakatan Harapan led by Tun Dr Mahathir Mohamad submitted today a memorandum to the Yang Di-Pertuan Agong seeking his intervention against the extended tenure of Chief Justice Tan Sri Md Raus Sharif for another three years.
The federal Opposition bloc is appealing to the King to instruct the Federal Court to review the extension, which it claims is unconstitutional.
“The extension of the current Chief Justice and President of the Court of Appeal’s term by the Prime Minister on July 7, 2017, violates the Federal Constitution,” the pact said in a press conference held just outside the palace gate here.
“According to the Federal Constitution, it is unlawful to extend the CJ or the President of the Court of Appeal posts once the officer reaches the age of 66 and six months,” it added.
The memorandum was given to a Palace representative by Dr Mahathir and other PH leaders including Datuk Seri Dr Wan Azizah Wan Ismail.
On July 7, the Prime Minister’s Office announced that Raus’s tenure as the 14th Chief Justice of Malaysia will be further extended for another three years from August 4, while Zulkefli’s tenure as the Court of Appeal President will be further extended for another two years from September 28.
They have held these posts since April 1.
PH leaders believe the extension is not only a violation of the country’s supreme law, but could spark a judicial crisis.
“If this matter is not addressed immediately, it could trigger a judicial crisis as all rulings made after August 4 will not be valid.
“In fact the administrative system of the judiciary will also be deformed as it will not be administered by a judge that is lawful in accordance with the Constitution,” Dr Mahathir said.
The Agong has the power under Article 130 of the Federal Constitution to refer any constitutional matter to the Federal Court, PH leaders argued.
Both Raus and Zulkefli already had their services extended once before, after hitting the age of 66.
Raus’s term was extended from February 4 to August 3, while Zulkefli’s term was extended from March 28 until September 27.