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 »