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Tuesday, October 30, 2007

Second Judicial Crisis In The Making

(MySinChew, 29/10/2007): Is there still a Chief Justice in Malaysia after 31 Oct?

This is a serious issue. Lim Kit Siang said this might be the second judicial crisis in the country.

(The first judicial crisis was in 1988. The Lord President of the Supreme Court, Tun Salleh Abas and two other judges, were suspended and were eventually sacked.)

Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim will reach the compulsory retirement age of 66 on 1 Nov.

Reportedly, he has sought a six-month extension for his tenure.

The extension is to be approved by the King, under the Prime Minister's advice.

The retirement date for Tun Ahmad Fairuz Sheikh Abdul Halim is fast approaching, but his application for extension remains unclear.

The controversial judiciary video clip exposing alleged tampering with judicial appointments makes the issue more complicated. The identity of the prominent lawyer in the video, is about to revealed.

There are speculations that government will extend the Chief Justice’s tenure for just one or two months or, more surprisingly,the Ruler’s Council may not even extend it at all.

In the midst of all this, Dato Seri Nazri, the de facto law minister, disclosed that the “King must act on the PM’s advice” regarding the extension of the CJ’s term.

The answer to all this is about to be revealed.

Opposition MP Karpal Singh and the Malaysian Bar Council are of different opinion. They insisted that the king alone has the discretion on the extension of the Chief Justice.

This raises a few questions:

* Is it the Prime Minister or the King who determines the term for the Chief Justice?
* Does the Prime Minister differ with the king the extension of term?
* What is the reason if any for not approving the extension?
* What will happen when it comes to a deadlock?

These problems involve the separation of powers, the Constitution's interpretation and the politics between the executive, the judiciary and the rulers. This has great impact to the country.

1 comments:

Anonymous October 30, 2007 at 8:50 PM  

Aiyah, Tutup your Auto on Video Link. A bloody nuisance to have the sound suddenly on

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