Archive for category Judiciary

Fighting corruption and restoring an independent judiciary are two key core principles which cannot be compromised by the Anwar unity government

(Versi BM)

I said yesterday that the chances of the Anwar unity government can last the full term of five years is positive, but it must not self-destruct by embarking on polices which are totally at variance with its core values and the principles of the original nation-building principles for a plural Malaysia which had the support of the first four UMNO Presidents.

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The caretaker Prime Minister is undermining the constitutional position of the Attorney-General by instructing him to prosecute the former Attorney-General Tommy Thomas

(Versi BM)

The caretaker Prime Minister, Ismail Sabri, is undermining the constitutional position of the Attorney-General by instructing him to prosecute the former Attorney-General Tommy Thomas with regard to his book, “My Story: Justice in the Wilderness”.

Ismail Sabri is bringing justice in Malaysia back into the wilderness by instructing the Attorney-General to prosecute Tommy Thomas when under Article 145(3) of the Constitution, the Attorney General “shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial”.
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Resolve the dissonance in the two dates – National Day on August 31 and Malaysia Day on September 16

(Versi BM)

For a reset to return to the original nation-building principles and policies of Malaysia, one of the first issues is to resolve the dissonance of two dates – National Day on August 31 and Malaysia Day on Sept. 16.

At present, National Day is primarily celebrated officially in Kuala Lumpur while Malaysia Day is officially celebrated in either Sabah or Sarawak.

The official celebration of National Day should not be primarily confined to Kuala Lumpur while the official celebration of Malaysia Day should not only be in Sarawak or Sabah but circulated nationwide.

Both dates should be officially celebrated throughout the country, by rotation.

National Day should be about national issues while Malaysia Day should not be confined to the restoration of Malaysia Agreement 1963 to ensure equitable relationship of the three Malaysian territories – Malay, Sabah and Sarawak.

It should also be how to make Malaysia a world-class great plural nation.

Sarawak will have three dates including Sarawak Independence Day on 22nd July.

Malaysia has embarked on the great task of a reset to return to the original nation-building principles and policies to build a world-class plural great nation with the restoration of the credibility, legitimacy and integrity of institutions – the Judiciary.

It is most touching and heart-warming that the former lord president Salleh Abas was honoured in a special reference by the judiciary, where the Chief Justice, Tun Tengku Maimun Tuan Mat said that the constitutional crisis of 1988 had shown that despite attempts to undermine the independence of the judiciary, judges must be faithful to the Federal Constitution and be resolute in upholding the rule of law.

Describing the 1988 constitutional crisis which saw the removal of Salleh from his post as Lord President as the “darkest chapter in the history of the Malaysian judiciary”, Tengku Maimum stressed that an independent judiciary that is free from external influences is the “life-blood of constitutionalism in a democratic society”.

She said: “This is the foundation of judicial power and the central component of the doctrine of separation of power”.

For three decades since the 1988 constitutional crisis, the principles of the separation of power, the rule of law and the independence of judiciary, came under a cloud – but the political miracle of the 14th General Election on May 9, 2018 had brought out the sun.

This is the first step for Malaysia to fulfil her potential to become a world-class great plural nation – by returning to the original nation-building principles and policies of the nation.

(Malaysia Day Message by DAP MP for Iskandar Puteri Lim Kit Siang in Kuala Lumpur on Friday, September 16, 2022)


Selesaikan perbezaan sambutan dua tarikh – Hari Kebangsaan pada 31 Ogos dan Hari Malaysia pada 16 September

Untuk menetapkan semula hala tuju negara kepada dasar dan prinsip asal Malaysia, salah satu isu yang perlu diselesaikan adalah perbezaan sambutan dua tarikh – Hari Kebangsaan pada 31 Ogos dan Hari Malaysia pada 16 September.

Buat masa ini, Hari Kebangsaan kebiasaannya disambut secara rasmi di Kuala Lumpur manakala Hari Malaysia disambut secara rasmi sama ada di Sabah atau Sarawak.

Sambutan rasmi Hari Kebangsaan ini tidak sepatutnya hanya disambut di Kuala Lumpur sahaja manakala sambutan rasmi Hari Malaysia juga tidak patut hanya disambut di Sarawak atau Sabah, sebaliknya disambut secara bergiliran di seluruh negara.

Kedua-dua tarikh ini patut diadakan sambutan secara rasmi di seluruh negara, mengikut giliran.

Sarawak pula akan mempunyai tiga tarikh untuk diraikan, termasuklah Hari Kemerdekaan Sarawak pada 22 Julai.

Perkara ini juga patut menjadi salah satu langkah untuk menjadikan Malaysia sebuah negara majmuk hebat yang bertaraf dunia.

Malaysia telah memulakan perjalanan panjang untuk kembali semula kepada prinsip dan dasar pembinaan negara bangsa untuk membina sebuah negara majmuk hebat bertaraf dunia dengan mengembalikan semula kredibiliti, keabsahan, dan integriti institusi kehakiman.

Amat menyentuh perasaan melihat bekas Ketua Hakim Salleh Abas diberikan penghormatan dalam majlis rujukan khas oleh pihak kehakiman, di mana Ketua Hakim Negara, Tun Tengku Maimun Tuan Mat mengatakan yang krisis perlembagaan pada tahun 1988 telah menunjukkan walaupun ada usaha untuk merendahkan kebebasan pihak kehakiman, para hakim perlu terus berpegang kepada Perlembagaan Persekutuan dan cekal menegakkan kedaulatan undang-undnag.

Menggambarkan krisis perlembagaan 1988 yang menyaksikan penyingkiran Salleh dari jawatannya sebagai Ketua Hakim sebagai satu “”detik gelap dalam sejarah kehakiman Malaysia”, Tengku Maimun menekankan bahawa badan kehakiman yang bebas dari pengaruh luar adalah “asas sistem pegangan perlembagaan dalam masyarakat berdemokratik”.

Beliau mengatakan: “Perkara ini adalah asas kuasa kehakiman dan merupakan teras utama doktrin pemisahan kuasa”.

Untuk tiga dekad sejak dari krisis perlembagaan 1988, prinsip pemisahan kuasa, kedaulatan undang-undang, dan kebebasan badan kehakiman diragui – namun, keajaiban politik Pilihan Raya Umum ke-14 pada 9 Mei 2018 akhirnya membawa perubahan.

Perkara ini adalah langkah pertama untuk Malaysia memenuhi potensinya untuk menjadi sebuah negara majmuk hebat bertaraf dunia – dengan kembali semula kepada prinsip-prinsip dan dasar-dasar asal pembinaan negara.

(Perutusan Hari Malaysia Ahli Parlimen DAP Iskandar Puteri Lim Kit Siang di Kuala Lumpur pada hari Jumaat, 16 September 2022)

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Government should give Najib the best medical treatment while in imprisonment, a right which should be extended to all prisoners

(Versi BM)

I fully agree with Najib Razak’s daughter, Nooryana Najwa, and call on the government to give Najib Razak the best medical treatment while in imprisonment, a right which should be extended to all prisoners in Malaysia.

The Prime Minister, Ismail Sabri, has ordered the Health Ministry to give Najib the best treatment required. Read the rest of this entry »

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Penang must be in the national forefront to defend the Federal Court and nine judges who unanimously agreed to Najib’s conviction for corruption and sentence of 12 years’ jail and RM210 million fine

(Versi BM)

The Chief Justice of Malaysia, Tun Tengku Maimun Tuan Mat has asked Malaysians, particularly politicians, to read the judgements of cases before criticising judges over the decisions.

After attending the second National Litigation Conference 2022 in Kuala Lumpur yesterday, she noted criticism of the Federal Court’s decision last month to uphold the conviction of Najib Razak. Read the rest of this entry »

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What is Najib’s response in the Azimah judgement in the Apandi case that there is no evidence of the “fabled and fantastic” RM2.6 billion donation from Saudi royalty?

Malaysia has again made dubious history where a former Attorney-General was torn to pieces by the Judiciary as a liar and without credibility on his role as top legal officer of the land.

I have read High Court judge, Justice Azimah binti Omar’s 100-page judgment in the defamation case Mohamad Apandi bin Ali vs Lim Kit Siang, which was made public on Friday. Read the rest of this entry »

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Malaysians have now more confidence in the independence of the judiciary after the dark period when there is grave doubt about the independence of the judiciary

I welcome the statement by the Chief Justice Tengku Maimun Tuan Mat reaffirming the important principle of the independence of the judiciary in Malaysia.

Malaysians have now more confidence in the independence of the judiciary after the dark period when there is grave doubt about the independence of the judiciary in Malaysia.
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Timely for a Royal Commission of Inquiry into judicial independence and integrity

The affidavit of Court of Appeal judge Hamid Sultan Abu Backer on judicial corruption and misconduct and the serious allegations of judicial interference in the court cases of former DAP Chairman and MP for Bukit Gelugor, the late Karpal Singh on his sedition appeal, the conviction and imprisonment of PKR President and MP for Port Dickson Datuk Seri Anwar Ibrahim as well the case of Indira Gandhi have combined to make it most imperative that a Royal Commission of Inquiry should be set up into judicial independence and integrity in Malaysia.

As the Prime Minister, Tun Dr. Mahathir Mohamad has said that a Royal Commission of Inquiry is one of the options open to the government in the face of the serious allegations of judicial misconduct, it is most timely that such a Royal Commission of Inquiry should be set up to restore public confidence in the independence and integrity of the judiciary.

The New Malaysia that Pakatan Harapan wants to build after the historic decision of the 14th General Election which carried out a peaceful and democratic transition of power the first time in six decades must include the restoration of public confidence in the three branches of government – the Executive, Parliament and the Judiciary – as well as the important national institutions of State,t undergirding the return of the rule of law in Malaysia.

(Media comment by DAP MP for Iskandar Puteri Lim Kit Siang after the Chinese New Year Open House in Kota Kinabalu on Sunday, 17th February 2019)

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Richard Malanjum’s belated appointment as Chief Justice – the first from Sabah/Sarawak – an important milestone to restore constitutional integrity and propriety and to promote national unity

The belated appointment of Richard Malunjum as Chief Justice – the first from Sabah/Sarawak – is an important milestone to restore constitutional integrity and propriety as well as to promote national unity.

Exactly a year ago on July 14, 2017, at a DAP Dinner at Eastwood Valley in Miri, I had called for the appointment of Malanjukm as Chief Justice of Malaysia.

I had said that it must be a matter of grave concern to all patriotic Malaysians that the integrity and sanctity of the Malaysian Constitution was receiving less and less respect from the powers-that-be – the latest example being the illegal and unconstitutional extension of the tenures of Tan Sri Raus Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27, 2017 respectively.
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Is Raus prepared to allow his peers in Federal Court to pronounce on the constitutionality of his re-appointment as Chief Justice?

The self-serving justification by Tan Sri Md Raus Sharif on his controversial re-appointment as Chief Justice through the unconstitutional backdoor of being appointed as “additional judge” under Article 122(1A) of the Constitutiion must have nagged many Malaysians in the last few days, as it does not seem to be right and proper.

Raus said his reappointment as Chief Justice was “unprecedented” but constitutional.

He said there is always a first time for everything, and that when something happens for the first time, there is bound to be many differences in opinions.

Raus sad that despite these differences in opinions, in the end, it is up to the court to decide on the constitutionality of the appointment.

“Lawyers always disagree. It is nothing strange for lawyers to disagree on the interpretation of the constitution.

“It happens every day in court,” he said.

Raus’ justification is to smug, self-serving and wrong that it was all right to have different opinions whether his re-appointment as Chief Justice is constitutional or not.

Why can’t we have a situation where all jurists and lawyers as well as informed Malaysians are in unanimity about its consitutionality? Read the rest of this entry »

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The great mission to save Malaysia from continuing in the trajectory of a failed and rogue state is more important than the lies, fake news and false information of UMNO/BN leaders, propagandists and cybertroopers

What are the big news of today. There are several jostling for lead position.

They include the following:

First, 1MDB missed the new deadline to pay US$628.75 million (RM2.69 billion) to Abu Dhabi’s International Petroleum Investment Co (IPIC) after a five-day extension from July 31.

The first deadline was set in a settlement between 1MDB and IPIC in April in order to avoid an arbitration process over monies owed to IPIC.

Abu Dhabi’s IPIC has given 1MDB until Aug 31 to make a US$603 million debt settlement payment that was due yesterday, plus interest.

However, IPIC said 1MDB was obliged to pay at least US$310 million by Aug 12, according to the company’s regulatory statement to the London Stock Exchange.
The IPIC statement yesterday stated that 1MDB and MOF Inc are to pay an undisclosed amount of “default interest” for the delay.

Have 1MDB and MOF Inc to pay the two “default interest” for the two delays and how much do they come to?

The international news about 1MDB and MoF Inc missing two debt-payment deadlines can neither be a boost to foreign investors nor cause for Malaysians to feel proud of the country, after suffering for two years under the infamy and ignominy of a global kleptocracy. Read the rest of this entry »

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As Attorney-General is principal legal adviser to the government and not the final arbiter of law, had he advised the Prime Minister of Article 130 of the Malaysian Constitution to seek Federal Court opinion on whether Raus and Zulkefli’s re-appointment as Chief Justice and Court of Appeal President are constitutional or otherwise?

The Attorney-General Tan Sri Mohd Apandi Ali has finally spoken on the new constitutional crisis he had helped to precipitate as the principal legal adviser to the Federal Government, declaring that the re-appointment of Tan Sri Md Raus Sharif as Chief Justice and Tan Sri Zulkefli Ahmad Makinudin as Court of Appeal President are constitutional.

But these are just superfluous words, for clearly, without the Attorney-General’s approval and sanction, the Prime Minister’s Office would not have issued the controversial media statement dated 7th July 2017 announcing the unconstitutional extension of tenure of Raus and Zulkefli’s as Chief Justice and Court of Appeal President respectively following their unconstitutional appointment as “additional judges” under Article 122(1A).

What the Attorney-General has written in his article in Berita Harian yesterday declaring that the re-appointment of Raus and Zulkefli as Chief Justice and Court of Appeal President respectively are constitutional does not add anything new to the arguments in the controversy as Apandi only repeated run-of-the-mill arguments defending the reappointment of Raus and Zulkefli in the two top judicial posts in the land as constitutional.

Apandi can go to the rooftops and shout a thousand times that the re-appointments of Raus and Zulkefli as Chief Justice and Court of Appeal President respectively are constitutional – but this does not necessarily make them constitutional. Read the rest of this entry »

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Unless Raus could defend as “unprecedented but constitutional” his re-appointment as Chief Justice in August 2020 for another three years using the unconstitutional backdoor of “additional judge”, how could he justify his present re-appointment?

Yesterday, I asked “Chief Justice” Tan Sri Md Raus Sharif a specific question: “Would it be constitutional and proper for Raus to continue to be appointed as ‘additional judge’ in August 2020 to extend his tenure as Chief Justice for another three years?”

Raus has yet to answer. I await his answer. But I want to ask him a further question:

“Unless Raus could defend as ‘unprecedented but constitutional’ his re-appointment as Chief Justice in August 2020 for another three years using the unconstitutional backdoor of ‘additional judge’, how could he justify his present re-appointment?” Read the rest of this entry »

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Would it be constitutional and proper for Raus to continue to be appointed as “additional judge” in August 2020 to extend his tenure as Chief Justice for another three years?

In reply to the question whether he should have declined re-appointment as Chief Justice under circumstances where the weight of legal and informed opinion are quite united in regarding it as unconstitutional, Tan Sri Md Raus Sharif said the issue does not arise.

He said: “Why should I decline? Because the government is of the view that the government needs our services…so they went through the process.”

Raus cannot be more wrong, as he knows that his claim that his re-appointment as Chief Justice is constitutional though unprecedented is open to challenge.

A chief justice of a country should not act like a “cantakerous litigant” arguing over every possible point of law, however far-fetched or ridiculous. Read the rest of this entry »

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The revelation by former Chief Justice Tun Zaki that extension of Raus’ tenure as Chief Justice was made without recommendation of Judicial Appointments Commission (JAC) makes the extension not only unconstitutional and unprecedented but most improper

The newly-reappointed Chief Justice Tan Sri Md Raus Sharif has conceded that his reappointment is “unprecedented” but said that it is still constitutional.

However, he left the final decision on the constitutionality of his position to the court.

This is indeed doubly unprecedented – leaving the country with a Chief Justice who is believed by the Malaysian Bar through a emergency EGM and many jurists, including many serving and former top judges in the land, unconstitutionally occupying the top judicial post in the land for the next three years.

Surely, there can be no greater blow to the independence, impartiality and professionalism of the judiciary than for the country to have a judiciary which is headed by a person for next three years enmeshed in a controversy about the constitutionality of his extension of office?

A top judicial officer who cherishes unquestioned respect for the rule of law and unblemished standing of the judiciary not only in the eyes of the bench and bar but the Malaysian populace would want to spare the judiciary from the agony of a controversy lasting for the next three years over the constitutionality of the extension of the Chief Justice of the land.

The revelation by former Chief Justice Tun Zaki Tun Azmi in an article in New Straits Times yesterday that Raus’ extension as Chief Justice was made without recommendation of the Judicial Appointments Commission (JAC) has made Raus’ reappointment as Chief Justice not only unconstitutional and unprecedented, but even most improper. Read the rest of this entry »

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Raus is the only person today who can save the country from an ugly constitutional crisis

Will today, August 4, 2017, go down in Malaysian history as one of the nation’s black days of infamy when the country fell into the pit of a major constitutional crisis testing the Merdeka Constitution 1957 and Malaysia Agreement 1963 as to whether the nation can remain true to the basic principles of nation-building spelt out in the Merdeka Proclamation 1957 and Malaysia Proclamation 1963?

Two days ago, Pakatan Harapan leaders led by Tun Dr. Mahathir Mohamad (Bersatu), Datuk Seri Dr. Wan Azizah Wan Ismail (PKR), Mujahid Yusuf Rawa (AMANAH) and myself (DAP) petitioned the Yang Di Pertuan Agong Sultan Muhammad V to refer the government’s decision to extend the tenures of the two top judicial posts, the Chief Justice and the Court of Appeal President, to the Federal Court.

Article 130 of the Malaysian Constitution on “Advisory jurisdiction of Federal Court” states:

“130. The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.”

The tenure of Tan Sri Raus Sharif as Chief Justice ended yesterday while the tenure of Tan Sri Zulkefli Ahmad Makinudin as Court of Appeal President ends on Sept. 27. Read the rest of this entry »

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If Raus and Zulkefli are not prepared to decline the unconstitutional extension of tenure of the two top judicial posts, they should at least do two things: await Federal Court decision and announce their recusal from all cases where Najib is involved

Yesterday, Pakatan Harapan leaders led by Tun Dr. Mahathir Mohamad (Bersatu), Datuk Seri Dr. Wan Azizah Wan Ismail (PKR), Mujahid Yusuf Rawa (AMANAH) and myself (DAP) petitioned the Yang Di Pertuan Agong Sultan Muhammad V to refer the government’s decision to extend the tenures of the two top judicial posts, the Chief Justice and the Court of Appeal President, to the Federal Court.

Article 130 of the Malaysian Constitution on “Advisory jurisdiction of Federal Court” states:

“130. The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.”

The tenure of Tan Sri Raus Sharif as Chief Justice ends today while tenure of Tan Sri Zulkefli Ahmad Makinudin as Court of Appeal President ends on Sept. 27.

Tomorrow may therefore see the country plunged into a new constitutional crisis. Read the rest of this entry »

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Can the BN Sabah and Sarawak Ministers and MPs be trusted to uphold Sabah and Sarawak interests when they dare not openly declare their support for Malanjum as Chief Justice of Malaysia?

The President of the Sabah Council of Datuks, Claudius Roman, said that Sabah may have to wait 100 years to produce another judge as gifted as Richard Malanjum.

He said the Council, which is made up of serving and former senior leaders of the public and private sectors, political organisations and NGOs. had unanimously agreed on Wednesday that Malanjum was the most qualified member of the Malaysian judiciary for the post of chief justice.

The question is whether the Ministers and MPs from Sabah and Sarawak dare to tell the Prime Minister, Datuk Seri Najib Razak, that Sabah will have to wait 100 years to produce another judge as gifted as Richard Malanjum.

This is most unlikely as how can the Barisan Nasional Ministers and MPs from Sabah and Sarawak be trusted to uphold Sabah and Sarawak interests when they dare not openly declare their support for Malanjum as Chief Justice of Malaysia, especially as next Thursday on August 3 will be deadline for the appointment of a new Chief Justice. Read the rest of this entry »

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Call for a common strategy by the 10 Cabinet Ministers and 57 MPs from Sabah and Sarawak in next week’s Parliament to ensure that the first appointment of a Chief Justice from Sabah and Sarawak is not voided and by-passed

The 10 Cabinet Ministers and 57 MPs from Sabah and Sarawak should meet before Parliament reconvenes next Monday on 24th July to work out a strategy to ensure that the first appointment of a Chief Justice from Sabah and Sarawak in the sixth decade of the formation of Malaysia should not be voided and by-passed.

The unconstitutional extension of the tenures of Tan Sri Rau Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively will be detrimental to the cause of Malaysian nation building.

The by-passing of the opportunity for the appointment of the first Chief Justice from Sabah/Sarawak will be exploited by those in Sabah and Sarawak who are attacking the Federal Government in Putrajaya as too Peninsular-centric and unable to take full account of the vision of Malaysia as a federation where the rights and interests of Sabah and Sarawak are given full respect and recognition. Read the rest of this entry »

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Call on BN Sabah and Sarawak Ministers and MPs to take a common and united stand with Pakatan Harapan MPs for the appointment of Richard Malanjum as the new Chief Justice of Malaysia

I said at the DAP Miri’s “Bangkit Miri, Undi Harapan” 14th General Election Preparation dinner on Friday night that the unconstitutional extension of the tenures of Tan Sri Rau Sharif and Tan Sri Zulkefli Ahmad Makinudin as Chief Justice and Court of Appeal President on August 3 and Sept. 27 respectively will be detrimental to the cause of Malaysian nation building.

The by-passing of the opportunity for the appointment of the first Chief Justice from Sabah/Sarawak will be like “manna from heaven” and exploited by those in Sabah and Sarawak attacking the Federal Government in Putrajaya as too Peninsular-centric and unable to take full account of the vision of Malaysia as a federation where the rights and interests of Sabah and Sarawak are given full respect and recognition.

This unconstitutional extension of the tenures of Raus and Zulkefli is totally indefensible, undermining not only the sanctity and integrity of the Malaysian Constitution and the vision of Malaysia as a federation where Sabah and Sarawak are fully integrated and not treated as step-brothers, it would also undermine the promotional opportunities and prospects of at least eight Federal Court judges, including three women!

As the most glaring injustice of the unconstitutional extension of the tenures of Raus and Zulkefli is the by-passing of the opportunity to appoint the first Chief Justice from Sabah and Sarawak in the person of Tan Sri Richard Malanjum, I call on all Barisan Nasional Ministers and MPs from Sabah and Sarawak to take a common and united stand with Pakatan Harapan MPs for the appointment of Richard Malanjum as the new Chief Justice of Malaysia. Read the rest of this entry »

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