Archive for category Judiciary

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 »

2 Comments

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 »

4 Comments

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 »

3 Comments

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 »

No Comments

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 »

3 Comments

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 »

2 Comments

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 »

No Comments

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 »

1 Comment

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 »

1 Comment

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 »

3 Comments

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 »

1 Comment

Extension of Raus as Chief Justice after August 3 not only unconstitutional but deny Richard Malanjum as the the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia

It must be a matter of grave concern to all patriotic Malaysians that the integrity and sanctity of the Malaysian Constitution is receiving less and less respect from the powers-that-be, and the latest example of an incipient constitutional crisis in Malaysia is 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 respectively.

The extension of the tenures of Raus and Zulkefli are not only unconstitutional, but would affect the promotional opportunities and prospects of at least eight Federal Court judges, including three women.

But the most glaring injustice of the unconstitutional extensions will be the denial of the opportunity of Tan Sri Richard Malanjum as the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia.

Malanjum is in fact the most senior Federal Court judge in the country, more senior than both Raus and Zulkefli.

Malanjum is the first Sabah bumiputra to be appointed a High Court judge, and the first Sabahan to be elevated as a Judge of the Court of Appeal and Federal Court , the apex court of the country, in 2005 at the age of 52. Read the rest of this entry »

1 Comment

Extension of Raus as Chief Justice after August 3 not only unconstitutional but deny Richard Malanjum as the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia

It must be a matter of grave concern to all patriotic Malaysians that the integrity and sanctity of the Malaysian Constitution is receiving less and less respect from the powers-that-be, and the latest example of an incipient constitutional crisis in Malaysia is 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 respectively.

The extension of the tenures of Raus and Zulkefli are not only unconstitutional, but would affect the promotional opportunities and prospects of at least eight Federal Court judges, including three women.

But the most glaring injustice of the unconstitutional extensions will be the denial of the opportunity of Tan Sri Richard Malanjum as the first Chief Judge of Sabah and Sarawak to be appointed as Chief Justice of Malaysia.

Malanjum is in fact the most senior Federal Court judge in the country, more senior than both Raus and Zulkefli. Read the rest of this entry »

No Comments

If there is a secret ballot among the hundred-odd judges in the three tiers of judiciary, the overwhelming majority will uphold the constitution and support the position that it is unconstitutional to extend the tenures of Chief Justice and Court of Appeal President

Thanks to the Minister in the Prime Minister’s Department, Datuk Seri Azalina Othman Said for admitting clearly that the appointment of Chief Justice Tan Sri Md Raus Sharif and the Court of Appeal President Tan Sri Zulkefli Ahmad Makinudin as additional judges so that they can continue as the two top judges in the country were made on the advice on Tun Arifin Zakaria on March 30, his last day as Chief Justice before his retirement.

Article 122(1A) in the Federal Constitution has not been complied with in the appointment of Raus and Zulkefli as as “additional judges”, unless the Chief Justice in office at the time of the appointment had also advised the Yang di Pertuan Agong on the matter.

Raus is the Chief Justice at present. Did he advise the Yang di Pertuan Agong on the appointment of himself and Zulkefli as “additional judges” under Article 122(1A) of the Federal Constitution, which reads: Read the rest of this entry »

2 Comments

Was Shafee involved in former Chief Justice Arifin’s advice for the unconstitutional appointment of Raus and Zulkefli as “additional’” judges after the duo’s compulsory retirement to unconstitutionally extend their tenures as the two top judges in the land

Opposition leader Datuk Seri Anwar Ibrahim threw a bomb from Sungai Buloh Prison when he questioned if prominent lawyer Tan Sri Muhammad Shafee Abdullah was involved in the extension of Chief Justice Tan Sri Md Raus Sharif and Court of Appeal President Justice Tan Sri Zulkefli Ahmad Makinudin’s respective tenures.

I full agree that if this is true, the Prime Minister Datuk Seri Najib Abdul Razak should come clean on the matter.

This will put Shafee’s comments on the constitutional controversy over the extension of Chief Justice and Court of Appeal President in a very different light – making Shafee’s comments most self-serving and lacking in the candour and professionalism expected of a senior and prominent lawyer. Read the rest of this entry »

4 Comments

Pathetic, with Shafie as the lone voice against the tide of informed opinion and putting up his worst defence ever for the unconstitutional extension of Raus and Zulkefli for the top two judicial posts in the country

It is most pathetic, with controversial senior lawyer Tan Sri Muhammad Shafee Abdullah as the lone voice against the tide of informed opinion and Shafee putting up his worst defence ever for the unconstitutional extension of the tenures of Chief Justice Md Raus Sharif and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin through the backdoor of Article 122(1A) of the Federal Constitution to appoint additional judges.

Just because Shafee got up at 5 am today and first saw the announcement is no testimony for the constitutionality of the extension of the tenures of the Chief Justice and the Court of Appeal president, which were in fact aggravated by the unconstitutional use of Article 122(1A) as a backdoor for such unconstitutional extensions – making the extensions of Chief Justice Rauf and Tan Sri Zulkefli for the top two judicial posts as doubly unconstitutional!

Shafee begs the question when he said:

“Almost everyone thought Raus recommended himself and Zulkefli to be extended as ‘additional’ judges under Article 122(1A) of the Federal Constitution. He did not.” Read the rest of this entry »

1 Comment

Late-night announcement of appointment of Raus Sharif as “additional judge” and extension of tenure as chief justice for another three years unprecedented and unconstitutional – plunging Malaysia into new constitutional crisis

The late-night announcement of appointment of Tan Sri Raus Sharif as “additional judge” to remain as Chief Justice for another three years is unprecedented and unconstitutional and has plunged Malaysia into a new constitutional crisis.

Late night announcements seem to have become a new modus operandi of the Najib premiership – as another late-night announcement last night was the Prime Minister, Datuk Seri Najib Razak’s statement firing a ferocious salvo against former Prime Minister, Tun Dr. Mahathir Mohamad.

My statement on Wednesday on the three questions troubling judges, lawyers, legislators and informed Malaysians for some time may have expedited the late-night announcement last night on the illegal and unconstitutional appointment of Chief Justice Md Raus Sharif as an “additional judge” and extension of his tenure as Chief Justice for another three years. Read the rest of this entry »

2 Comments

Three questions whether the country will have an illegal and unconstitutional Chief Justice swirling in the minds of judges, lawyers, legislators and informed Malaysians

Three questions whether the country will have an illegal and unconstitutional Chief Justice swirling in the minds of judges, lawyers, legislators and informed Malaysians

Three questions whether the country will have an illegal and unconstitutional Chief Justice at the pinnacle of the judiciary is swirling in the minds of judges, lawyers, legislators and informed Malaysians for some months.

They are:

• Will the country have an illegal and unconstitutional Chief Justice after August 3, 2017?

• Will a new constitutional crisis blow up in the face of Parliament during its three week July/August meeting from 24th July to 10th August with the appointment of an illegal and unconstitutional Chief Justice?

• Will the country be celebrating the 60th National Day anniversary and the1957 Merdeka Constitution with a most serious assault on the sanctity and integrity of the fundamental provisions in the 1957 Merdeka Constitution on the doctrine of separation of ;powers and the independence of the judiciary? Read the rest of this entry »

2 Comments

When major national institutions go “rogue” and refuse to perform their key functions, Malaysians regardless of race, religion or region must stand up to unite as patriotic Malaysians to Save Malaysia from becoming a “rogue” state

When major national institutions go “rogue” and refuse to perform their key fundamental functions, Malaysians regardless of race, religion or region must stand up to unite as patriotic Malaysians to Save Malaysia from becoming a “rogue” state.

Recent days have seen many of the major national institutions abdicating their fundamental duties, which was one reason why former Prime Minister, Tun Mahathir Mohamad said at a forum last night that the country would see better progress without current Attorney-General Tan Sri Mohamad Apandi Ali.

Only a day earlier, the Swiss attorney-general Michael Lauber expressed confidence that the money-laundering probe into the scandal-hit Malaysian fund 1MDB by the Swiss Office of Attorney-General (OAG) would bear fruit despite Malaysian authorities’ refusal to cooperate.

Lauber told a news conference “”It’s not hopeless, in fact it’s the opposite”, saying the probe was making progress based on money-laundering reports, bank documents and work with Singapore and other countries. Read the rest of this entry »

3 Comments

10 areas where a “Malaysia Reset” must be undertaken, but only if Najib, UMNO and BN are toppled in the 14GE

Fifty one years ago, when the DAP was formed, nobody would have expected that we would be so strong, confident and even formidable as evidenced by the high-spirited turn-out of DAP leaders and activists from the various parliamentary constituencies in Penang for the launch of the Penang DAP election machinery for the next general election today – all ready for the great electoral battle in the 14GE, expected to be held in September this year.

If the recent publicity offensives of the UMNO/BN leaders, propagandists and cybertroopers are to be believed, DAP should today be a very disunited, dispirited and diffident party in the midst of a national crisis and on the verge of disintegration and disaster – and we would never have been able summon such a large turnout of highly-spirited and highly-motivated DAP leaders and activists all ready for the 14GE, whenever it is held.

In the first general election contested by DAP in 1969, DAP secured 286,000 votes which was increased six times to 1.7 million votes in the 2013 General Election, which was one-third of the total of 5.6 milllion votes secured by Pakatan Rakyat, while the UMNO/Barisan coalition secured only a minority popular vote of 47%.

This is not a record of a political party on the verge of disaster, disintegration or decline, but a party which has reasons to be confident of achieving greater political changes in Malaysia because of the strong and sustained support of Malaysian voters.

This year Malaysians will be celebrating our 60th National Day to commemorate the nation’s attainment of Independence on August 31, 1957.

In the past six decades, Malaysia failed to live up to the promises of Merdeka in 1957 for the country to be an example and showcase to the troubled world as to how diverse races, languages, religions, cultures and civilisations could successfully co-exist and integrate to build a united, harmonious, purposive, democratic, just, progressive and prosperous nation.

The 60th National Day anniversary is a fit and proper moment for the nation to undertake a “Malaysia Reset” movement, where we keep policies and measures which had done good to the country but correct or even abandon policies and measures detrimental to the nation or which had damaged the nation building process. Read the rest of this entry »

2 Comments