See earlier post:
Hopefully CJ Raus will quit - Resolution of the Malaysian Bar
Bar approves boycott of CJ and COA president in social events
Geraldine Tong Published Updated
The
Malaysian Bar has resolved to boycott Chief Justice Md Raus Sharif and
Court of Appeal president Zulkefli Ahmad Makinudin from their social
functions.
Members of the Bar are also encouraged to decline social invitations from them.
This resolution is part of a motion that was proposed by the Bar and
approved by a "resounding majority" in its extraordinary general meeting
in Kuala Lumpur today.
"The Bar resolved that as a sign of protest we will decline social
invitations from the judiciary and similarly we will not extend our
invitations to them in respect of our social functions.
"But that, let me make it very clear, does not mean that we do not engage with the judiciary.
"We will still continue to engage with the judiciary in respect of
all official matters," Bar president George Varughese said in a press
conference after the EGM today.
The Bar convened for the EGM today to address what it described as
the "blatantly unconstitutional" appointment of Md Raus and Zulkefli as
additional judges.
“There is nothing personal against the persons itself,” Varughese
said, stressing that they are merely protesting the appointments.
When asked whether they would be attending the Legal Year event, he said that is not a social event.
“I believe that is an official event in the legal calendar so that is
something which the Bar in all likelihood will still participate in.
“Unless the Bar Council is subsequently asked not to do so, we will still continue to attend all official functions,” he said.
The motion, as submitted by Varughese, is to “uphold the supremacy of
the federal constitution and defending the independence and integrity
of the judiciary”.
He said that out of the 993 members who attended the EGM today, only less than 10 members abstained or voted against the motion.
The EGM required a quorum of 500 members. There is currently over 16,000 members of the Bar.
This resolution regarding the boycott of social events involving the
CJ and COA president is the sixth out of eight resolutions contained
within the approved motion.
This particular resolution stated that “so long as they remain in
office as Chief Justice and President of the Court of Appeal after they
attain 66 years and six months, Md Raus and Zulkefli shall not be
invited to any social function of the Malaysian Bar or Bar Council, and
members of the Bar are encouraged to decline social invitations from
them, or inviting them”.
In
the motion, Varughese cited Article 125(1) of the constitution which
stipulates that “a judge of the federal court shall hold office until he
attains the age of 66 years or such later time, not being later than
six months after he attains that age, as the Yang di-Pertuan Agong may
approve”.
“There is no provision in the federal constitution, and it is thus
unconstitutional, for a serving chief justice or a serving president of
the Court of Appeal to continue to hold the positions of chief justice
and president of the Court of Appeal beyond the prescribed age limit of
66 years and six months,” the motion read.
Aside from this resolution on social events, the Bar also resolves
that the appointment of Md Raus and Zulkefli as additional judges, and
to continue the hold the position of chief justice and president of the
Court of Appeal respectively, beyond the age limit of 66 years and six
months to be unconstitutional, null and void.
Varughese also said that the Bar intends to file a legal challenge
against Md Raus and Zulkefli’s appointment and that it has resolved to
urge the Chief Judge of Malaya Ahmad Maarop to advise the Agong to
appoint retired judges as additional judges specifically to preside this
challenge.- Malaysiakini, 3/8/2016
Malaysian Bar to debate two motions following CJ, COA president's extension
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Published
Updated
The
Malaysian Bar will be debating two motions during its extraordinary
general meeting (EGM) this Thursday, following the government's decision
to extend the tenure of the country's chief justice and the Court of
Appeal president.
A motion on "upholding the supremacy of the Federal Constitution and defending the independence and integrity of the judiciary” was proposed by Malaysian Bar president George Varughese while lawyers Charles Hector, Francis Pereira and R Shanmugam proposed the motion on "protecting judicial independence in Malaysia and ensure all safeguards, especially security of tenure remain strong and uncompromised”.
The EGM will be held from 4pm onwards at the Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH), while the quorum for the EGM would be 500 members of the Bar.
The EGM would be dissolved if the quorum is not met by 5pm, Bar secretary Roger Chan said in a circular dated July 26.
Varughese last month announced that the Bar will convene the EGM to address what it described as the "blatantly unconstitutional" appointments of Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin as additional judges.
Varughese, who proposed the first motion, cited Article 125(1) of the constitution which stipulates that “a judge of the federal court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve”
.
"There is no provision in the Federal Constitution, and it is thus unconstitutional, for a serving chief justice or a serving president of the court of appeal to continue to hold the positions of chief justice and president of the Court of Appeal beyond the prescribed age limit of 66 years and six months."
Among others, the Bar resolves:
That the appointment of Md Raus purportedly as an additional judge, and to continue to hold the position of chief justice beyond the age limit of 66 years and six months as prescribed in the Federal Constitution, is unconstitutional, null and void;
That the appointment of Zulkefli purportedly as an additional judge, and to continue to hold the position of president of the court of appeal beyond the age limit of 66 years and six months as prescribed in the Federal Constitution, is unconstitutional, null and void.
Calling both of them to decline the appointments, Varughese in his proposal said that the Bar will no longer have confidence in the two continuing to hold their respective offices if they fail to do so.
A motion on "upholding the supremacy of the Federal Constitution and defending the independence and integrity of the judiciary” was proposed by Malaysian Bar president George Varughese while lawyers Charles Hector, Francis Pereira and R Shanmugam proposed the motion on "protecting judicial independence in Malaysia and ensure all safeguards, especially security of tenure remain strong and uncompromised”.
The EGM will be held from 4pm onwards at the Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH), while the quorum for the EGM would be 500 members of the Bar.
The EGM would be dissolved if the quorum is not met by 5pm, Bar secretary Roger Chan said in a circular dated July 26.
Varughese last month announced that the Bar will convene the EGM to address what it described as the "blatantly unconstitutional" appointments of Chief Justice Md Raus Sharif and Court of Appeal president Zulkefli Ahmad Makinudin as additional judges.
Varughese, who proposed the first motion, cited Article 125(1) of the constitution which stipulates that “a judge of the federal court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve”
.
"There is no provision in the Federal Constitution, and it is thus unconstitutional, for a serving chief justice or a serving president of the court of appeal to continue to hold the positions of chief justice and president of the Court of Appeal beyond the prescribed age limit of 66 years and six months."
Among others, the Bar resolves:
That the appointment of Md Raus purportedly as an additional judge, and to continue to hold the position of chief justice beyond the age limit of 66 years and six months as prescribed in the Federal Constitution, is unconstitutional, null and void;
That the appointment of Zulkefli purportedly as an additional judge, and to continue to hold the position of president of the court of appeal beyond the age limit of 66 years and six months as prescribed in the Federal Constitution, is unconstitutional, null and void.
Calling both of them to decline the appointments, Varughese in his proposal said that the Bar will no longer have confidence in the two continuing to hold their respective offices if they fail to do so.
The Prime Minister's Office (PMO) last month announced
that with Md Raus and Zulkefli's appointment as additional judges, they
will retain their existing offices for another three and two years
respectively.
The PMO said the appointment of Md Raus and Zulkefli was based on the recommendation of then chief justice Arifin Zakaria who retired on March 31.
However, critics have also questioned whether Arifin had the authority to recommend additional judges for periods that had past his retirement. _ Malaysiakini, 1/8/2017
The PMO said the appointment of Md Raus and Zulkefli was based on the recommendation of then chief justice Arifin Zakaria who retired on March 31.
However, critics have also questioned whether Arifin had the authority to recommend additional judges for periods that had past his retirement. _ Malaysiakini, 1/8/2017
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