In a statement released in Parliament today, Lim pointed out that Raus’ tenure as chief justice ends today while the tenure of Makinudin, who is Court of Appeal president, ends on Sept 27.
“Tomorrow may therefore see the country plunged into a new constitutional crisis,” the Gelang Patah MP said.
Yesterday, Lim and other Pakatan Harapan leaders comprising Dr Mahathir Mohamad, Dr Wan Azizah Wan Ismail and Mujahid Yusuf Rawa submitted a memorandum to the Yang di-Pertuan Agong Sultan Muhammad V, seeking his intervention to stop the reappointments of Raus and Zulkefli.
The DAP parliamentary leader quoted Article 130 of the Federal Constitution which says the king may refer to the Federal Court for its opinion on “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”.
“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,” he said.
“Firstly, announce that they will await the Federal Court decision on the constitutionality or otherwise of the extension of the tenures as chief justice and Court of Appeal president before taking up their new extended appointments.
“Secondly, announce that both of them will recuse from all court cases where Najib Razak is involved as a party, whether as prime minister, Umno president or in his private personal capacity, during their extended tenures as chief justice and Court of Appeal president respectively.”
On July 7, the king accepted former chief justice Arifin Zakaria’s advice to appoint Raus and Zulkefli as additional judges.
The king, on the advice of the prime minister and after consulting the Conference of Rulers which met in May, also appointed Raus and Zulkefli to remain in their present posts.
Raus’ tenure is for three years from Aug 4 while Zulkefli will remain in his current administrative post for two years from Sept 28.
Lim said the extended tenures were not only unconstitutional but would affect the promotional opportunities of at least eight Federal Court judges.
He also reiterated that they would mean the denial of Richard Malanjum’s opportunity to become the first chief judge of Sabah and Sarawak to be appointed as chief justice of Malaysia.
Lim had previously said that Malanjum is the most qualified person to become the new chief justice of Malaysia.
He repeated his stand today that Malanjum is currently the most senior Federal Court judge, more senior than either Raus or Zulkefli.
“It would be a great and important factor contributing to the closer unity and cohesion of the Malaysian federation if a Sabahan or Sarawakian who is chief judge of the High Court of Sabah and Sarawak could be elevated as chief justice of Malaysia in the sixth decade of Malaysian federation,” he said.
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