Amend judges' retirement age to avoid constitutional crisis, says Gerakan Youth

PETALING JAYA: The government has been urged to increase the retirement age of judges to protect the judiciary and prevent any possible constitutional crisis.
Gerakan Youth deputy chief Andy Yong said the current stipulated maximum retirement age of judges, 66 years and six months, as stated in Article 251 (1) of the federal constitution is archaic.
"I urge the present government to give priority by tabling a Bill to amend matters pertaining to the retirement age of the judges at the current parliament sitting," he said in a statement today.
"There is an urgency in this matter for two reasons — firstly due to the legal debate over the validity of previous appointment and resignation of Tun Raus Sharif as the Chief Justice and Tan Sri Zulkefli Ahmad Makinudin as the President of the Court of Appeal respectively, there is a need to a finality.
"Though a related ongoing suit at the Federal Court is yet to be decided, there is a concern it may be rendered academic.
"Secondly considering the recent appointment of the three top posts namely the Chief Justice, President of the Court of Appeal and Chief Judge of Malaya, one would realised that these three top judges (Tan Sri Richard Malanjum, Tan Sri Ahmad Maarop and Tan Sri Zaharah Ibrahim) are also approaching the age of retirement.
In Malaysia, under Article 125(1) of the Federal Constitution, superior court judges enjoy the terms of service to retire at the age of 66 years and can be extended by six month by the Yang di-Pertuan Agong.
"This is an archaic provision and should be amended accordingly," he said. "The approximate tenure of a year or less will be clearly insufficient for them to achieve anything positively for the judiciary.
"By allowing the amendment to increase the retirement age (for example at age 70) would also allow a smooth transition in the future. In addition it is also to protect the judiciary from any political criticism and possible constitutional crisis."