Chief Justice Tengku Maimun Tuan Mat will go on mandatory retirement on July 1, while Court of Appeal President Abang Iskandar Abang Hashim, leaves office a day earlier, as both reach the mandatory retirement age of 66.
Sources said that, except in respect of the hearing and disposal of cases, the uncertainty has hampered Tengku Maimun and Abang Iskandar in the performance of their duties.
As head of their respective courts, they are tasked with empanelling judges to hear appeals, leave and other applications, which are done in advance. They are also required to respond to correspondence.
“Now it appears to be done on an urgent need-to-do basis as it is anyone’s guess whether the two judges will get the six-month extension,” one source added.
Former Malaysian Bar president Salim Bashir said even the Judicial Appointments Commission’s monthly meetings could come to a grinding halt as the chief justice is its chairman, while the Court of Appeal president acts in her absence.
“Any vacuum and uncertainty surrounding the extensions of these two critical judicial positions will impede the commission from executing legally mandated duties,” he said.
On May 20, Tengku Maimun told the media the judiciary was still awaiting formal confirmation as to whether the her tenure as well as that of Abang Iskandar and senior Federal Court judge Nallini Pathmanathan would be extended.
Nallini will go on mandatory retirement on Aug 22.
Prime Minister Anwar Ibrahim had said the government is mulling extending their tenures after the National Human Rights Society of Malaysia (Hakam) expressed concern over the delay.
On Thursday, Malaysian Bar vice-president B Anand Raj said it was also troubled by the current state of affairs, claiming it was unusual for the chief justice, the Court of Appeal president and senior Federal Court judges not to be granted the extension.
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 Yang di-Pertuan Agong.
Earlier this year, the king granted extensions to five judges of the apex court, including Chief Judge of Malaya Hasnah Hashim and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli.
A retired apex court judge, who spoke on condition of anonymity, said there was no fixed time frame for when judges would be informed about whether their tenures would be extended, but said it usually takes place two months before their mandatory retirement date.
Lawyer Syed Iskandar Syed Jaafar said the overall workings of the constitutional scheme points to the prime minister who advises the king on appointments, promotions and extensions.
“Granting extensions does not come as part of the constitutional monarch’s discretion like appointing the prime minister or withholding consent or request for the dissolution of Parliament,” he said.
Syed Iskandar expressed hope that the top judges would be given extensions or that the positions would be filled expeditiously.
“The position of the Chief Judge of Malaya was left vacant for nine months last year, with the Court of Appeal president performing the duties and functions of the role on an interim basis. There should not be a repeat for the top two positions,” he said.
Lawyer A Srimurugan said Tengku Maimun, the first woman to be appointed as chief justice, had toiled hard to put the Malaysian judiciary on a positive note, especially in delivering groundbreaking and progressive judgments over the last six years.
“The government must ensure the public perception of judicial integrity and competence of judges is not compromised,” he added.