PETALING JAYA: Anwar Ibrahim, who is challenging a ruling over the refusal of his presence in a court proceeding, has filed further evidence to say any proposal by the incumbent or retired chief justice to reappoint Zulkefli Ahmad Makinudin as additional judge is unconstitutional.

In a second affidavit filed in the Federal Court registry last week, the jailed opposition leader said the recommendation by former chief justice Arifin Zakaria to propose Zulkefli as additional judge of the Federal Court was illegal.

“I respectfully state the advice referred to in Article 122 (1A) of the Federal Constitution must be given by a chief justice in office or constitutionally holding office,” he said.

That provision states the chief justice could propose to the king a candidate who has held high judicial office to be appointed additional judge of the Federal Court.

Anwar said Chief Justice Raus Sharif could not also recommend Zukefli as additional judge because even his (Raus) appointment was unconstitutional.

Arifin had been reported by the media as saying that he only advised the king that Raus and Zulkefli be appointed additional judges after their mandatory retirement.

On July 7 , the Prime Minister’ Office announced that Raus would remain in office for another three years from Aug 4, while Zulkefli would remain in his post for another two years from Sept 28.

Both were appointed as chief justice and Court of Appeal president on April 1 and were scheduled to retire on Aug 3 and Sept 27 respectively, upon reaching the mandatory retirement age of 66 years and six months.

Three weeks ago, Anwar filed a review application to disqualify Zulkefli, who had led a three-man bench that refused the opposition leader the right to be present in court to follow his civil case against the Election Commission (EC).

Anwar, who is serving a five-year jail term for sodomy, is appealing a ruling that the EC is not required to facilitate voting rights for prisoners.

Anwar said Zulkefli’s appointment, both as additional judge and his reappointment as COA president, was against provisions in the constitution.

He said the sitting on Oct 27 was bad for want of a coram as a minimum of three judges was necessary under Section 74 of the Courts of Judicature Act 1964.

Anwar said since the chairman was disqualified from sitting, Section 74 had not been complied with.

He wants the decision to refuse his presence to be set aside and a new bench to be constituted to rehear his case.

The Malaysian Bar, former prime minister Dr Mahathir Mohamad, and Parti Amanah Negara have also mounted legal challenges to declare Raus and Zulkefli’s appoinment as unconstitutional.