
“Yes, I agree that the retirement age should be extended as suggested by Rais,” Mohd Hishamudin Mohd Yunus told FMT in a reply via email.
However, the judge, who left office last year, said the Judicial Appointments Commission should do away with the appointment of judicial commissioners (JCs) as they do not enjoy security of tenure.
“Therefore, they might not be perceived to be fully independent.”
Currently, JCs, who are appointed from among lawyers and those from the judicial and legal service, are put on probation before being elevated as High Court judges.
Last week, Rais had mooted the idea of extending the retirement age of judges to be in line with trends in other countries.
He also suggested that the retirement age be raised to 70.
He said while a prime minister may serve up to the late 70s, top judges could now only be on the bench up to 66.
Rais, who is also trained in law, said at 70 judges may not have the adrenaline of a young person but “we want their dexterity, wisdom and brain power”.
Former Malaysian Bar president Ragunath Kesavan had said there was no urgency to extend judges’ tenure, adding that they could also stand in the way of the promotion prospects of their juniors.
Ragunath said ex-judges could serve as lecturers, arbitrators, legal consultants and even return to legal practice to keep themselves busy and earn a livelihood.
The Federal Constitution has to be amended to extend the tenure of judges.
Chief Justice Arifin Zakaria said a two-thirds majority was needed for such an amendment in Parliament.