Khamis, 9 Ogos 2007

RAJA-RAJA TOLAK CALON KETUA HAKIM MALAYA



Majlis Raja-Raja dalam Mesyuarat Majlis Raja-Raja bulan lalu mengambil satu tindakan yang tak pernah dilakukan menolak calon Ketua Hakim Malaya yang dikemukakan oleh kerajaan Paklah.

Laporan Straits Times pada 07 Ogos 2007 seperti berikut,

M'sia's sultans refuse to endorse govt's candidate for key judicial post KUALA LUMPUR - MALAYSIA'S sultans have refused to endorse the government's candidate for a key judicial post, setting the stage for a possible impasse between the rulers and administration.

The Conference of Rulers last month asked Prime Minister Abdullah Ahmad Badawi to reconsider the candidate named for the post of Chief Judge of Malaya (CJM), the third highest-ranking official in the judiciary.

The Constitution requires the Prime Minister to 'consult' the Conference of Rulers, comprising the nine hereditary rulers, and their highly unusual move to withhold approval has created a stir among members of the legal fraternity.

The position of CJM has been vacant for seven months since Tan Sri Siti Norma Yaakob retired in January. There are currently eight judges in the Federal Court who qualify for appointment.

Under the Malaysian constitution, the rulers are to be consulted on certain key government appointments such as judges or members of the Election Commission.

In the case of judicial appointments, the Prime Minister makes the recommendations after discussion with the Chief Justice.

However, while they rarely reject recommendations, the Conference of Rulers has always been active in debating judicial appointments.

One of its most senior members, Sultan Azlan Shah of Perak was head of the Malaysian judiciary in the 1970s.

PM Abdullah is believed to have met with the Perak Sultan over this matter.

Legal opinion is divided on whether the rulers' refusal to accept the candidate will stymie the appointment.

The Constitution is silent on this point, while in the case of Bills passed by Parliament, it states that they automatically become law after 60 days if the Rulers withhold assent.

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