Dr M to challenge Raus and Zulkefli’s appointments

After the Federal Court declined to rule on the constitutionality of the appointments of former Chief Justice Md Raus Sharif and former Court of Appeal president Zulkefli Ahmad Makinudin earlier this month, prime minister Dr Mahathir Mohamad will now take up the challenge.

This after the Court of Appeal fixed the hearing of Mahathir's appeal on Jan 14 next year, following case management.

Mahathir's lawyer Mohd Haniff Khatri Abdulla said his client is proceeding with the appeal, as he needs the highest court to interpret the necessary provisions of the constitution.

He added that a lawyer from his firm Nur Dalila Husna Azmi went to the Court of Appeal for case management today Federal counsel Shaiful Nizam Shahrin appeared for the chambers.

Earlier this month, a seven-member bench declined to make a decision on the Bar Council challenge when Justice Zainun Ali ruled the matter as “academic” following Md Raus and Zulkefli's resignations in July.

It was reported last November, that the High Court in Kuala Lumpur, dismissed Mahathir's application on the grounds that the then prime minister Najib Abdul Razak's advise to the Yang di-Pertuan Agong to revoke the appointments of the top two posts in the judiciary, were frivolous and is not arguable.

Justice Azizah Nawawi in her written grounds said under Article 122B(1) of the Federal Constitution, the prime minister is to give advice after consulting the Conference of Rulers.

"Under Article 40(1A), the Agong shall act on the advice given. Therefore, under both these provisions, there is nothing that gives the legal right to Mahathir to direct the prime minister to tender the advice to the Agong."

Mahathir, in his judicial review application, wanted to compel the prime minister to advise the Agong to revoke the appointments of both Raus and Zulkefli.

The Pakatan Harapan chairperson filed two separate applications – one against Raus last August and the other against Zulkefli in September – as they reached the mandatory retirement age of 66 years and six months.

Mahathir's challenge was the first to be dismissed, before the other challenge. -Mkini

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