If appointed, Abang Iskandar, the current holder of the judiciary’s second most senior position, will become the first judge from Sarawak to reach its pinnacle.
“The appointment appears to be strategic as there is currently no other Sarawakian who is likely to come close to being made top judge in the near future,” the source told FMT.
Abang Iskandar will reach the mandatory retirement age for judges on July 1 but is expected to receive a six-month extension to his tenure from the Yang di-Pertuan Agong.
Article 125 of the Federal Constitution states that superior court judges shall hold office until age 66, but their tenure can be extended for up to six months by the king.
Sabahan Richard Malanjum was the first East Malaysian to be appointed chief justice, although he only held the office for eight months between July 11, 2018 and April 12, 2019.
Under the law, the Judicial Appointments Commission (JAC) is required to send a list of candidates for the top post to the prime minister, who will, in accordance with Article 122B of the constitution, tender his advice to the king.
The article also requires the king to act on the prime minister’s advice after consultation with the Conference of Rulers. However, the prime minister is not required by the constitution to consult the sitting chief justice on the appointment of her successor.
The source also said newly-installed Federal Court judge Ahmad Terrirudin Salleh is the front-runner to replace Abang Iskandar as Court of Appeal president.
Terrirudin, who will turn 57 on April 12, was appointed in November and is currently the most junior of the 10 apex court judges.
He previously held office as chief registrar of the Federal Court, solicitor-general and attorney-general, but all for short periods.
However, other Federal Court judges cannot be ruled out, as succession plans in the judiciary have on occasion gone awry.
In the latest instance, incumbent chief judge of Malaya, Hasnah Hashim, assumed office only in November last year, after the position was left vacant for nine months.
Hasnah received a six-month extension recently and will remain in office until mid-November.
Chief Judge of Sabah and Sarawak Abdul Rahman Sebli will retire on July 25 with Justice Rhodzariah Bujang his likely successor.
The Conference of Rulers will meet in the middle of the year, and the appointment of judges is expected to be brought to their attention then.
Lawyer Rafique Rashid Ali called for the prime minister to give serious consideration to all proposals for elevation and promotion made by the nine-member JAC. The commission is chaired by the chief justice.
“Before the JAC was set up in 2009, the current prime minister, then the opposition leader, had expressed concern about the appointment of judges and judicial independence,” he said.
Rafique said the JAC came about after a Royal Commission of Inquiry investigating the infamous VK Lingam video clip two years earlier proposed that it be set up.
He advised the prime minister not to bypass the JAC when deciding who should occupy positions in the judiciary.
“There is no point in having a JAC if its recommendations can be cast aside,” he said.
Lawyer Syed Iskandar Syed Jaafar said the JAC Act outlines the qualities expected of candidates to be appointed to the judiciary and the top four positions in it.
“These include decisiveness, the ability to make timely judgments and good legal writing skills,” he said.
Syed Iskandar said the administrators were also expected to be good managers capable of finding solutions to allow the wheels of justice to move uninterrupted.
“The chief justice, in particular, is also expected to lead in providing groundbreaking judgments founded on justice and equity,” he said.