By V. Anbalagananba@nst.com.my
New Straits Times


The Yang di-Pertuan Agong has to act on the advice of the prime minister on extending the tenure of the chief justice, Tun Ahmad Fairuz Sheikh Abdul Halim, who is due to retire at the end of the month, Datuk Seri Nazri Aziz said.

The minister in the Prime Minister's Department said the king, as a constitutional monarch, was bound by the prime minister's advice in the appointment and promotion of judicial officers.

"This includes whether to extend by six months the tenure of the chief justice after he attains the compulsory retirement age of 66," he said

Nazri said he was merely clarifying the position of the king as provided in the Federal Constitution on the question of whether Ahmad Fairuz's term would be extended or a new chief justice would be appointed next month.

"Only the prime minister is in the capacity to know about it because he does not delegate the matter to me."

Ahmad Fairuz, who has been chief justice since 2003, will turn 66 on Nov 1, the compulsory retirement age for judges.

He applied to the king in July for a six-month extension but with two more weeks to go before his retirement, Ahmad Fairuz has not received an official letter to allow him to remain in office.

Meanwhile, the Conference of Rulers, which endorses the appointments and promotions of judges, will meet for two days from Oct 31.

It is not immediately known whether the chief justice's position is among the topics for discussion at the meeting.

Under the Constitution, the prime minister need not consult the incumbent chief justice on who should fill the post when he forwards a name to the Conference of Rulers.

By convention, the Court of Appeal president, the judiciary's number two, will be elevated to the post.

The Court of Appeal president is Datuk Abdul Hamid Mohamed, 65, who assumed the position on Sept 5.

On Oct 8, Bar Council president Ambiga Sreenevasan called on the authorities to fill the top position in the judiciary in view of Ahmad Fairuz's retirement at the end of the month.

She said the appointment must be made immediately to avoid the post of chief justice being left vacant for any length of time.

Editor's Note: It is believed that the Agong has not consented to Fairuz's extension and refuses to sign the extension letter. That is why Nazri has come out with this statement. This statement by Nazri is meant to pressure the Agong to consent to the extension and to sign the extension letter.