CJ proposes larger bench in constitutional, public interest cases

CJ proposes larger bench in constitutional, public interest cases

Richard Malanjum also suggests that judges in the apex court should be picked through balloting to hear cases to stop accusations of judge-fixing.

Free Malaysia Today
Chief Justice Richard Malanjum suggests that a time-sheet system be introduced in the High Court to ensure judges are not accused of playing truant.
PUTRAJAYA:
Newly-minted Chief Justice Richard Malanjum has proposed that all constitutional cases in the Federal Court be heard by a bench of nine judges, which will include the top four persons holding administrative posts.

Malanjum also suggested that public interest cases be heard by a seven-member panel, which will also include the top four judges.

He said leave to appeal applications will be heard by a three-member panel. Other cases would be heard by a five-member panel.

He said apart from the top four judges, other Federal Court judges could be selected to hear cases through balloting.

“This is to stop the perception of judge-fixing and I also need not crack my head to empanel judges,” he said in his maiden speech after witnessing the oath-taking ceremony of Court of Appeal (COA) president Ahmad Maarop and Chief Judge of Sabah and Sarawak (CJSS) David Wong Dak Wah.

Last night, Malanjum took his oath of office and received his instrument of appointment from the Yang di-Pertuan Agong at Istana Negara.

Malanjum also proposed that at least one judge from Sabah and Sarawak should feature in the Court of Appeal and Federal Court benches if cases originated from these states.

Malanjum said the COA president, Chief Judge of Malaya (CJM) and the CJSS would be given the powers and responsibilities to independently determine how they manage their subordinates.

“The Federal Constitution determines the role of the heads in the Federal Court, COA and the two High Courts (Malaya, and Sabah and Sarawak) in conducting their affairs,” he said.

He also suggested that a time-sheet system be introduced in the High Court to ensure judges are not accused of playing truant.

“We have done this computer-based system in Sabah and Sarawak and it has been effective,” said Malanjum, who was CJSS for 11 years before his promotion yesterday.

Malanjum said he would be holding discussions with the COA president, the CJM and CJSS to get feedback and fine-tune the proposals.

“If need be, we can have a judges’ conference to get the views of all judges,” he said.

Malanjum said the judiciary could not function on its own but must have the support of the staff.

“I will lead in the judicial transformation, in line with the supremacy of the constitution and rule of law,” he added.

Ahmad took his oath of office before senior Court of Appeal judge Mohtarudin Baki while Wong took his judicial pledge before Justice Yew Jen Kie.

 

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