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August 02, 2005
Courting Controversy
What's up here?
The New Straits Times has found that Article 122 of the Federal Constitution, which allows for the membership of the Federal Court to be four plus seven others, has been amended to four plus eight others.(The first four constitute the Chief Justice, President of the Court of Appeal, the Chief Judge of Malaya and the Chief Judge of Sabah and Sarawak).
The amendment, which was signed by the Chief Secretary to the Government, Tan Sri Samsuddin Osman, was published in the Government Gazette on June 16, and took effect from June 2.
The Federal Court, which was thought to have been fully filled at the last elevation of judges on June 16, now has one vacancy. [The New Straits Times: Extra judge for Federal Court]
Maybe we should ask the Chief Justice?
Well, NST did:
When asked here today when the vacancy would be filled, Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim said he could not comment on the matter as it came under the Official Secrets Act.
That's not a very good answer, is it?
And why do we need an extra seat on the bench?
Here is a list of judges of the Federal Court, Court of Appeal, and High Courts.
Who will be appointed to fill the new vacancy?
Your guess is as good as mine.
Posted by aisehman at August 2, 2005 02:30 PM
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Comments
my knowledge bout law and the judiciary is zero ...mind telling what's the issue ?
Posted by: thomas at August 2, 2005 07:44 PM
I think he is as blur as us, thats why the open ended ending.
Posted by: rosdi at August 2, 2005 08:31 PM
Wait a minute!
The answer to "when" comes under OSA? Please someone tell me I am nuts!.
Asking "who" could have elicited that response and I wouldn't have perked up.
AP issue, Ayah Pin, MCA debate, kris weilding Education Minister, Anwar Ibrahim's suit, imminent cabinet reshuffle, petrol price hike and now the unexplained haze...
Makes me wonder if the powers that be are capable of handling so many "hot" issues at the same time.
Posted by: monzie at August 2, 2005 09:45 PM
Interesting blog you have.
Malaysians have too put down for too long with so many oppressive laws.
Even now the Judiciary has not recovered from the rape and pillage under the last administration.
Posted by: hjangus at August 4, 2005 10:24 AM
Disclaimer: I am not legally trained. Whatever I say is just based on my own deduction.
When was the Constitution of Malaysia ammended? It needs a 2/3 majority in the parliament for any ammendment. (I wish the hansard have a search function)
Secondly, why make it even number (8+4)? Wouldn't this introduce a deadlock into the highest court of our land?
Thirdly, I find it absurd to have Chief Justice quoting Official Secret Acts since the judiciary should be independent from the executive powers (government). Therefore, it is absurd to have him relating to OSA!
Posted by: carboncopy at August 4, 2005 02:27 PM
Can the Chief Sec, a civil servant, amend the Constitution?
Posted by: susmaryosep at August 4, 2005 05:00 PM
If my memory serve me correctly, an ammendment to the Constitution can only be done via 2/3 majority for the ammendment from Dewan Rakyat.
Am giving the benefit of the doubt to Chief Secretary to the Government, Tan Sri Samsuddin Osman as the person to inform the "public" of the change and not the person who did the ammendment himself. But the way NST word it, it is as if CSOG TS Samsuddin is the person who did the ammendment.
I have to correct my second opinion in my previous post. Each Federal Court hearing is judged by 3 judges only. (Are there cases which have 5 judges?) Therefore having an extra judge won't introduce a dead lock in to Federal Court.
Posted by: carboncopy at August 4, 2005 06:15 PM
i am no lawyer but i think the highest appeallete of the land provides for a full bench of nine judges but a sittinfg to hear an appeal has to have a panel of minimum of three and a max of nine. and i think they sit in odd number with the most senior being the chair. the cj of m'sia would pick from the bench of nine as to who would constitute the panel.
Posted by: bonvivant at August 6, 2005 11:24 AM