BarisaChief Justice, Malaysia Tun Ahmad Fairuz Dato’ Sheikh Abdul Halim, should explain why he assumed the duties and functions of Chief Judge (Malaya) 3 days after Tan Sri Dato’ Norma Yaakob retired on 5^th January 2007

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Media Statement 
by Karpal Singh
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(Kuala Lumpur, Friday) : Chief Justice, Malaysia Tun Ahmad Fairuz Dato’ Sheikh Abdul Halim, should explain why he assumed the duties and functions of Chief Judge (Malaya) 3 days after Tan Sri Dato’ Norma Yaakob retired on 5^th January 2007. 

Despite my persistent questioning in Parliament as to why the vacant post of Chief Judge (Malaya) is yet to be filled, I have had no satisfactory answer. In the last sitting of Parliament, I was told that the matter was in process. I wish to know whether there is any difference of opinion between the Conference of Rulers and the Government over the candidate proposed by the Chief Justice for appointment as Chief Judge (Malaya). 

What is of most significance is Tun Ahmad Fairuz has appointed himself as Acting Chief Judge (Malaya). He cannot lawfully appoint himself to that position in view of the provisions of section 9 (3) of the Courts of Judicature Act, 1964. The relevant portions of section 9 (3) read:- 

‘Whenever the office of the Chief Judge (Malaya) becomes vacant, the powers of the Chief Judge shall be had and may be exercised and his duties shall be performed by a Judge of Federal Court designated for that purpose by the Chief Justice.’

With respect, what the Chief Justice has done, clearly, flies in the face of the provisions of section 9 (3). It is my view, the designation by the Chief Justice of himself as Acting Chief Judge (Malaya) is not on the authority of any valid law.

I call upon the Government to carefully look  into the position as the consequences of the Chief Justice not lawfully performing his duties and functions as Acting Chief Judge (Malaya) will mean that all Writs of Summons on behalf of the King filed in the Chief Justice’s name as Acting Chief Judge (Malaya) throughout the High Courts in Malaya will be null and void.

Likewise, all administrative acts performed by the Chief Justice in his capacity as Acting Chief Judge (Malaya) would also be void. The consequences of such an eventuality are dire and need to be addressed immediately.

I also call upon the Attorney-General, Tan Sri Gani Patail, as the adviser to the Government, to immediately publicly state his views on this issue.                                             

(3/8/2007)