By V. Anbalagananba@nst.com.my
New Straits Times, 17 Oct 2007
The Yang di-Pertuan Agong has to act on the advice of the prime
minister on extending the tenure of the chief justice, Tun Ahmad
Fairuz Sheikh Abdul Halim, who is due to retire at the end of the
month, Datuk Seri Nazri Aziz said.
The minister in the Prime Minister's Department said the king, as a
constitutional monarch, was bound by the prime minister's advice in
the appointment and promotion of judicial officers.
"This includes whether to extend by six months the tenure of the
chief justice after he attains the compulsory retirement age of 66,"
he said
Nazri said he was merely clarifying the position of the king as
provided in the Federal Constitution on the question of whether Ahmad
Fairuz's term would be extended or a new chief justice would be
appointed next month.
"Only the prime minister is in the capacity to know about it because
he does not delegate the matter to me."
Ahmad Fairuz, who has been chief justice since 2003, will turn 66 on
Nov 1, the compulsory retirement age for judges.
He applied to the king in July for a six-month extension but with two
more weeks to go before his retirement, Ahmad Fairuz has not received
an official letter to allow him to remain in office.
Meanwhile, the Conference of Rulers, which endorses the appointments
and promotions of judges, will meet for two days from Oct 31.
It is not immediately known whether the chief justice's position is
among the topics for discussion at the meeting.
Under the Constitution, the prime minister need not consult the
incumbent chief justice on who should fill the post when he forwards
a name to the Conference of Rulers.
By convention, the Court of Appeal president, the judiciary's number
two, will be elevated to the post.
The Court of Appeal president is Datuk Abdul Hamid Mohamed, 65, who
assumed the position on Sept 5.
On Oct 8, Bar Council president Ambiga Sreenevasan called on the
authorities to fill the top position in the judiciary in view of
Ahmad Fairuz's retirement at the end of the month.
She said the appointment must be made immediately to avoid the post
of chief justice being left vacant for any length of time.
Editor's Note: It is believed that the Agong has not consented to
Fairuz's extension and refuses to sign the extension letter. That is
why Nazri has come out with this statement. This statement by Nazri
is meant to pressure the Agong to consent to the extension and to
sign the extension letter.
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