Chief_Justice_of_Malaysia

Chief Justice of Malaysia

Chief Justice of Malaysia

Government position

The chief justice of Malaysia (Malay: Ketua Hakim Negara Malaysia), also known as the chief justice of the Federal Court, is the office and title of the head of the Malaysian judiciary system. The title has been in use since 1994, and prior to this it was known as the lord president of the Federal Court. The chief justice is the head of the Federal Court, the apex court of Malaysia. It is the highest position in Malaysian judicial system followed by the president of the Court of Appeal of Malaysia, chief judge of Malaya, and the chief judge of Sabah and Sarawak.[3]

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The current chief justice is Tengku Maimun Tuan Mat, since 2 May 2019.

Constitutional basis

The office of Chief Justice of the Federal Court is established under Article 122 of the Constitution of Malaysia, which establishes the then-Supreme Court (now Federal Court) as consisting of a lord president (now chief justice), the chief judges of the High Courts and at least four other judges and such additional judges as may be appointed pursuant to Clause (1A).[4]

Role

The chief justice is first among equals among the judges of the Federal Court, and the position differs little from that of the other judges. All judges, including the chief justice, are appointed by the Yang di-Pertuan Agong (King of Malaysia), on the advice of the prime minister of Malaysia. Under Article 125 of the Malaysian Constitution, they can be removed only by the Yang di-Pertuan Agong, on a recommendation from a tribunal consisting of at least five judges who are current or former Federal Court judges.[5][4] Reasons for removal include the chief justice:

  • not following the Judges’ Code of Ethics; or
  • being physically or mentally unable to carry out his or her duties.

The prime minister will then provide the Yang di-Pertuan Agong the reason(s) why the chief justice should be removed. The Yang di-Pertuan Agong will then proceed to set up the tribunal to make a decision.[5]

Chief justices of Malaysia

For lord presidents before 1994, see Lord President of the Federal Court.
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See also

References

  1. [1]
    "Chief Justice | Office of the Chief Registrar, Federal Court of Malaysia". Archived from the original on 23 January 2019. Retrieved 22 January 2019.
  2. [2]
    Lim, Ida (18 June 2018). "A look at the resignation of Malaysia's two top judges and what's next". Malay Mail. Retrieved 11 April 2019.
  3. [3]
    "The Malaysian Judiciary: Operation of the court". Malaysian Court. Archived from the original on 9 July 2011. Retrieved 15 April 2007.
  4. [4]
    "Constitution of Malaysia 1957". CommonLII. Retrieved 11 August 2019.
  5. [5]
    "My Constitution: Judges and the judiciary". Malay Mail. Malaysian Bar. 30 December 2010. Retrieved 11 August 2019.
  6. [6]
    "Hamid is made the new CJ". Daily Express. 6 December 2007. Archived from the original on 25 June 2008. Retrieved 10 December 2007.
  7. [7]
    "Karpal seeks royal review of Zaki's appointment". Malaysiakini. 5 December 2008. Retrieved 11 August 2019.
  8. [8]
    "Arifin appointed Chief Justice". The Star (Malaysia). 6 June 2011. Archived from the original on 22 September 2012. Retrieved 11 September 2011.
  9. [9]
    "Md Raus appointed new Chief Justice". The Star (Malaysia). 1 April 2017. Retrieved 1 April 2017.
  10. [10]
    "Richard Malanjum Ketua Hakim Negara yang baharu". Bernama (in Malay). Berita Harian. 11 July 2018. Retrieved 12 July 2018.
  11. [11]
    "Tengku Maimun named new chief justice". Free Malaysia Today. 2 May 2019. Retrieved 2 May 2019.
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