A very important appointment in the constitutional structure of Malaysia and one that must not only appear to be lawful but actually be lawful. It is a matter of some surprise that there should be any question about appointments to this post. The Constitution is totally clear about it. Once past the age limit of 66 years and six months no one can legally hold the post.
Inche Raus has passed this age barrier so he must go. It is true that another clause in the Constitution permits the appointment of a person beyond that age as an “additional judge” of the Federal Court. In theory should Inche Raus be shown to be a suitable such person he could be so appointed.
What is absolutely clear is that he cannot be appointed to be the Chief Justice under this “additional judge” clause. So why is arch criminal Najib persisting in making this illegal appointment.? Any case coming before a Federal Court on which Raus is sitting (however described) must be a nullity because it is tried by a judge illegally appointed to that office.
Of course arch thief and mega criminal Najib pays no attention to the law where it conflicts with his wishes or interests. That is shameful and something to be corrected by the electorate before the judicial apparatus deals with the criminal aspects of his conduct. But what is totally unacceptable is the violation of the Constitution and the rule of law in Malaysia.
So long as Najib is in the Prime Minister’s office the options are limited but some are available. The Judges remain members of the Malaysian Bar so Inche Raus could be, and if he persists in remaining illegally in the post of CJ, should be, disbarred by his fellow members of the Malaysian Bar acting through the Bar Council. Furthermore, his standing as a member of that Bar rests on his membership of the United Kingdom Bar and the Inn of Court to which he belongs. That Inn should also be informed about his illegal conduct and asked to disbar him for it.
That, at least, would maintain the reputation of the Malaysian Bar and show that Malaysia adheres to the rule of law rather than to the rule of criminal madman Najib.