KUALA LUMPUR, Jan 24 — Five retired Federal Court judges have been appointed to form a tribunal that will be examining the alleged misconduct of former Election Commission members, with the tribunal to start work next Monday.
Attorney General (AG) Tommy Thomas announced that the Yang di-Pertuan Agong had appointed the five former judges to the tribunal, namely Tan Sri Steve Shim Lip Kiong — who will be chairing the tribunal — Tan Sri Zaleha Zahari, Tan Sri Suriyadi Halim Omar, Tan Sri Jeffrey Tan Kok Wha and Datuk Prasad Sandosham Abraham.
He said the appointments were made pursuant to Articles 114(3), 125(3) and 125(4) of the Federal Constitution.
“The Tribunal will convene in the Klang Court on Monday, January 28, 2019 at 10am, to deliberate on matters pursuant to their mandate by the Yang di-Pertuan Agong, in relation to the following six members of the Election Commission,” he said in a statement today.
Thomas listed the six former EC members as being Tan Sri Othman Mahmood, Datuk Md Yusop Mansor, Datuk Abdul Aziz Khalidin, Datuk Sulaiman Narawi, Datuk Bala Singam Karupiah and Datuk Leo Chong Cheong.
Othman had held the EC deputy chairman post since his appointment on August 16, 2017 until his resignation with the other EC members.
Thomas said all six resignations had taken effect from January 1, with five of them having announced their resignation on October 18, 2018 and another who eventually tendered resignation on November 27, 2018.
“Although the six Election Commission members have resigned from office, the Tribunal has a free hand to decide on all matters pertaining hereto as they deem fit, when making their recommendations to the Yang di-Pertuan Agong,” Thomas said.
Thomas said lawyers who will be assisting the five-man tribunal are M. Puravalen from the Malaysian Bar, Kogilambigai Muthusamy and Ann Khong Hui Li from the Attorney-General's Chambers, with Ann Khong to also be the tribunal secretary.
In tracing back the setting up of the tribunal, Thomas noted that “serious allegations of misconduct” had been levelled against the EC for its role in the preparation and conduct of the 14th general elections, before and on polling day itself on May 9, 2018.
As a result of the allegations, Thomas said the prime minister had made representations to the Yang di-Pertuan Agong that the six remaining EC members should be investigated and be subject to a possible removal from office by a tribunal of judges if serious misconduct is found, in line with Articles 114(3) and 125(3).
Among other things, Article 114(3) states that an EC member is allowed to resign through a written resignation submitted to the Yang di-Pertuan Agong and can only be removed in the same manner as a Federal Court judge.
Article 125(3) describes how a Federal Court judge may be removed, which is through the Yang di-Pertuan Agong’s referral ― of a representation from the prime minister or chief justice for the removal ― to a tribunal appointed by the Agong, who can then remove the judge from office on the tribunal’s recommendation.
Article 125(4) states that such a tribunal shall have at least five members who are or were formerly judges at the Federal Court, Court of Appeal or High Court or other equivalent office in the commonwealth countries, with the order in which they preside to be based on their seniority.
Thomas said the federal government was reported on October 17, 2018 to be in the process of setting up the tribunal, which is a day before five of the six EC members resigned.
Following GE14, the EC had last June 13 announced that its chairman Tan Sri Mohd Hashim Abdullah will leave his position on July 1, 2018, ahead of the end of his tenure that was reportedly scheduled in August 2020.
Mohd Hashim had joined the EC on September 5, 2014 as its deputy chairman before he was appointed as chairman on January 24, 2016.
