Shukor Ahmad said the measure is necessary to protect the independence of the office they once held, promote good governance and preserve the rule of law.
“There must be an interval of at least three years before ex-judges and senior civil servants take up offers in government-linked entities,” he told FMT.
Shukor said this following the appointment of former Attorney-General (AG) Idrus Harun as Amanah Raya chairman, a government-linked company owned by the Minister of Finance Incorporated (MoF Inc), effective Oct 10.
Idrus, who was appointed AG in March 2020 on a contract basis, left the office on Sept 5.
“The appointment creates a perception that he is being rewarded for his loyalty to the government leadership of the day,” he said.
Shukor said that about 20 years ago, there was a brouhaha in the legal fraternity after a chief justice was appointed consultant in a prominent legal firm soon after his retirement.
“The question posed at the time was whether negotiations were conducted when the judge was still in office,” he said.
Similarly, in Idrus’s case, the propriety of his appointment has come under scrutiny since he was also the public prosecutor.
Shukor said the public did not mind if a retired judge or senior legal officer went into private practice upon retiring.
He said in 2013, the Federal Court ruled that retired judge Gopal Sri Ram could practice law as Article 5 of the Federal Constitution guarantees the right of a citizen to earn a living.
Meanwhile, lawyer Rafique Rashid Ali said the optics did not look good on Idrus and the government as the former had been appointed too soon after his contract expired.
“The public cannot be faulted for having a negative perception of the appointment as Idrus went on silent mode when Deputy Prime Minister Ahmad Zahid Hamidi was given a discharge not amounting to an acquittal (DNAA) just one day before he left office,” he said.
Zahid was facing 47 charges, 12 of which were for criminal breach of trust, eight for corruption and the remainder for money laundering.
On Sept 4, Justice Collin Lawrence Sequerah granted the prosecution’s request for a DNAA in Zahid’s favour after a prima facie case had been proven and while the defence case was ongoing.
Rafique said Idrus was drawing two pensions as a retired solicitor-general and a retired Federal Court judge.
“He should have honourably declined the appointment as he did not show any accountability in Zahid’s case. His livelihood upon retirement is also not at stake,” he said.