Speakers' Corner: Occasional contributions from readers, which do not necessarily reflect the views of Sarawak Report but may be published at the discretion of the site.

Agong's Duty

Legal arguments are going on around an application to the Courts to annul the appointments of Chief Justice Raus and the Appeal Court President.

One argument not presented, so far as can be seen from reports of the Court proceedings, is that the Agong ought not to have approved these particular extensions since the Constitution forbids them.

About that there is no argument. The Constitution is perfectly clear. Overaged judges CAN be appointed as “additional judges” under the relevant section of the Constitution. They CANNOT be appointed to the positions of Chief Judge or Appeal Court President.

No one, the Agong included, can breach the Constitution. Doubtless he was wrongly advised into approving these two appointments. Nothing prevents him from confirming that that was the case and cancelling his approval as unconstitutional. Will he?

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