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Free Malaysia Today
08-06-2025
- Politics
- Free Malaysia Today
Top courts in ‘slow mode' with heads' tenures ending soon, say sources
Chief Justice Tengku Maimun Tuan Mat, Court of Appeal President Abang Iskandar Abang Hashim and Justice Nallini Pathmanathan are waiting to hear if their tenures will be extended. PETALING JAYA : The pace of administrative functions in the Federal Court and Court of Appeal appears to have slowed down as speculation intensifies about whether the tenures of the nation's two top judges will be extended, sources said. Chief Justice Tengku Maimun Tuan Mat will go on mandatory retirement on July 1, while Court of Appeal President Abang Iskandar Abang Hashim, leaves office a day earlier, as both reach the mandatory retirement age of 66. Sources said that, except in respect of the hearing and disposal of cases, the uncertainty has hampered Tengku Maimun and Abang Iskandar in the performance of their duties. As head of their respective courts, they are tasked with empanelling judges to hear appeals, leave and other applications, which are done in advance. They are also required to respond to correspondence. 'Now it appears to be done on an urgent need-to-do basis as it is anyone's guess whether the two judges will get the six-month extension,' one source added. Former Malaysian Bar president Salim Bashir said even the Judicial Appointments Commission's monthly meetings could come to a grinding halt as the chief justice is its chairman, while the Court of Appeal president acts in her absence. 'Any vacuum and uncertainty surrounding the extensions of these two critical judicial positions will impede the commission from executing legally mandated duties,' he said. On May 20, Tengku Maimun told the media the judiciary was still awaiting formal confirmation as to whether the her tenure as well as that of Abang Iskandar and senior Federal Court judge Nallini Pathmanathan would be extended. Nallini will go on mandatory retirement on Aug 22. Prime Minister Anwar Ibrahim had said the government is mulling extending their tenures after the National Human Rights Society of Malaysia (Hakam) expressed concern over the delay. On Thursday, Malaysian Bar vice-president B Anand Raj said it was also troubled by the current state of affairs, claiming it was unusual for the chief justice, the Court of Appeal president and senior Federal Court judges not to be granted the extension. Article 125 of the Federal Constitution states that superior court judges shall hold office until age 66, but their tenure can be extended for up to six months by the Yang di-Pertuan Agong. Earlier this year, the king granted extensions to five judges of the apex court, including Chief Judge of Malaya Hasnah Hashim and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli. A retired apex court judge, who spoke on condition of anonymity, said there was no fixed time frame for when judges would be informed about whether their tenures would be extended, but said it usually takes place two months before their mandatory retirement date. Lawyer Syed Iskandar Syed Jaafar said the overall workings of the constitutional scheme points to the prime minister who advises the king on appointments, promotions and extensions. 'Granting extensions does not come as part of the constitutional monarch's discretion like appointing the prime minister or withholding consent or request for the dissolution of Parliament,' he said. Syed Iskandar expressed hope that the top judges would be given extensions or that the positions would be filled expeditiously. 'The position of the Chief Judge of Malaya was left vacant for nine months last year, with the Court of Appeal president performing the duties and functions of the role on an interim basis. There should not be a repeat for the top two positions,' he said. Lawyer A Srimurugan said Tengku Maimun, the first woman to be appointed as chief justice, had toiled hard to put the Malaysian judiciary on a positive note, especially in delivering groundbreaking and progressive judgments over the last six years. 'The government must ensure the public perception of judicial integrity and competence of judges is not compromised,' he added.
Malay Mail
04-06-2025
- General
- Malay Mail
Anwar likely to exhaust right under law to refer constitutional questions to Federal Court — Hafiz Hassan
JUNE 4 — In the case of Badan Peguam Malaysia v Yang Berhormat Perdana Menteri Malaysia, Tan Sri Dato' Hj Mahiaddin bin Mohd Yasin & Anor [2024], the Malaysian Bar (Bar) applied to the High Court (HC) to refer no less than 27 constitutional questions to the Federal Court pursuant to Article 128 of the Federal Constitution (FC) and/or Section 84 of the Courts of Judicature Act 1964 (CJA). The HC dismissed the reference application, essentially on the ground that the questions raised were not constitutional questions that fell exclusively within the jurisdiction of the Federal Court alone to answer. Aggrieved by the decision, the Bar appealed to the Court of Appeal (COA). Having heard the appeal, the COA affirmed the decision of the HC. One of the main grounds for dismissing the appeal was that the HC had not committed any appealable error in refusing to refer the questions posed to the Federal Court. Dissatisfied, the Bar filed an application for leave to appeal to the Federal Court. Originally, there were 32 proposed questions of law. However, the Bar revised the questions to six only. — Picture by Yusof Mat Isa Dissatisfied, the Bar filed an application for leave to appeal to the Federal Court. Originally, there were 32 proposed questions of law. However, the Bar revised the questions to six only. President of COA, Abang Iskandar, having analysed the questions of law and the applicable law, dismissed the Bar's application for leave to appeal. His Lordship said: 'Our analysis of all the proposed questions of law is that they are essentially proposing to us to relook into the meaning, application and scope of Section 84 of the CJA, read with Article 128(2) of the FC. In our view... all the cited cases had comprehensively dealt with the matter. We find that the Bar had failed to satisfy us as to where and what the gaps are in those cited cases to merit the grant of leave. 'In the upshot, we are of the unanimous view that the threshold requirement [for leave to appeal] has not been met, with respect, by the Bar in this case, and as such, this leave application ought to be and is dismissed with no order as to costs.' The point is this: application to refer question or questions of law to the Federal Court pursuant to Article 128(2) of the FC and/or Section 84 of the CJA is available to any party to a dispute. Accordingly, Prime Minister Anwar Ibrahim is as entitled as the Bar to apply to the court to refer constitutional questions to the Federal Court. Anwar is also entitled to appeal against the decision of the learned High Court judge dismissing his application to refer the constitutional questions to the apex court. He is likely to exhaust his right under the law.
Malay Mail
22-05-2025
- Politics
- Malay Mail
Anwar: Govt considering extending Tengku Maimun's tenure as chief justice
KUALA LUMPUR, May 22 — The government is considering extending the tenure of Chief Justice Tun Tengku Maimun Tuan Mat, Prime Minister Datuk Seri Anwar Ibrahim said today. Tengku Maimun, the first woman to serve as the country's chief justice, is set to retire on June 30 upon reaching the mandatory retirement age of 66. When asked whether an extension would be granted to Tengku Maimun, Anwar briefly responded: 'Well, we are looking into it.' Anwar made the announcement after launching the Hadiah Bahasa 2025, which is making a comeback after 27 years at Hilton Kuala Lumpur, here, today. On Tuesday, Tengku Maimun reportedly said that she as well as the President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Tan Sri Nallini Pathmanathan are still waiting on the offer for the extension of their tenure. Abang Iskandar is due to retire on July 1, while Nallini Pathmanathan is due to retire on Aug 21, as they have both reached the mandatory retirement age. Under Article 125(1) of the Federal Constitution, Federal Court judges may serve until age 66, with the possibility of a six-month extension subject to the Yang di-Pertuan Agong's approval.
Malay Mail
22-05-2025
- Politics
- Malay Mail
Anwar: Govt considering possibility of extending Tengku Maimun's tenure as chief justice
KUALA LUMPUR, May 22 — The government is considering the possibility of extending the tenure of Chief Justice Tun Tengku Maimun Tuan Mat, Prime Minister Datuk Seri Anwar Ibrahim said today. Tengku Maimun, the first woman to serve as the country's chief justice, is set to retire on June 30 upon reaching the mandatory retirement age of 66. When asked whether an extension would be granted to Tengku Maimun, Anwar briefly responded: 'Well, we are looking into it.' Anwar made the announcement after launching the Hadiah Bahasa 2025, which is making a comeback after 27 years at Hilton Kuala Lumpur, here, today. On Tuesday, Tengku Maimun reportedly said that she as well as the President of the Court of Appeal Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Tan Sri Nallini Pathmanathan are still waiting on the offer for the extension of their tenure. Abang Iskandar is due to retire on July 1, while Nallini Pathmanathan is due to retire on Aug 21, as they have both reached the mandatory retirement age. Under Article 125(1) of the Federal Constitution, Federal Court judges may serve until age 66, with the possibility of a six-month extension subject to the Yang di-Pertuan Agong's approval.
Free Malaysia Today
22-05-2025
- Politics
- Free Malaysia Today
Rights group calls for transparency, equal treatment in judicial extensions
Chief Justice Tengku Maimun Tuan Mat is expected to retire on July 2, Court of Appeal president Abang Iskandar Abang Hashim on July 1, and senior Federal Court judge Nallini Pathmanathan on Aug 22. PETALING JAYA : The National Human Rights Society of Malaysia (Hakam) says it is concerned that three senior judges, including Chief Justice Tengku Maimun Tuan Mat, have not received the customary six-month extension offers despite their imminent retirement dates. The rights group said that while six-month extensions were granted to five other senior judges – including Chief Judge of Malaya Hasnah Hashim and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli – similar extensions were not granted to Tengku Maimun, Court of Appeal president Abang Iskandar Abang Hashim, and senior Federal Court judge Nallini Pathmanathan. In a statement, Hakam president M Ramachelvam said the country's judiciary was at a pivotal moment as nine Federal Court judges were set to retire this year. He said the decision to extend their tenures must be guided by clear, consistent, and transparent criteria. 'The current situation raises troubling questions: why have extensions been granted to some Federal Court judges but not to the chief justice, the Court of Appeal president, and Justice Nallini Pathmanathan? 'There is an apparent selective approach to extending the tenures of senior judges in Malaysia's Federal Court. 'This unequal and opaque application of Article 125(1) of the Federal Constitution raises serious questions about the government's commitment to judicial independence and threatens the integrity of our nation's justice system at a critical juncture.' Article 125 of the Federal Constitution states that superior court judges shall hold office until the age of 66, although their tenures can be extended for up to six months by the Yang di-Pertuan Agong. Abang Iskandar is scheduled to retire on July 1 while Tengku Maimun retires the following day. Nallini will retire on Aug 22. Ramachelvam said there was a need to establish clear, objective criteria for judicial extensions that prioritise merit, experience, and institutional stability over other considerations. He also demanded transparency in the decision-making process for judicial appointments and extensions, saying a truly independent judiciary was the cornerstone of democracy and the protection of human rights in Malaysia. 'The stability of our judiciary as well as public, business, and investor confidence in our legal system depend on fair and equal treatment for our most senior judges,' he said. 'In this critical period of transition, Malaysia cannot afford to lose the institutional knowledge, experience, and principled leadership that these senior judges provide.'
