Dr Mahathir Loses Bid to Challenge Appointment of Two Judges

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Former Prime Minister Tun Dr Mahathir Mohamad today failed in his application to obtain leave for judicial review to challenge the appointment of Chief Justice Tun Md Raus Sharif and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin.

High Court Judge Datin Azizah Nawawi dismissed the two applications for leave for judicial review filed by Dr Mahathir in chambers in the presence of Senior Federal Counsel Alice Loke Yee Ching representing Prime Minister Datuk Seri Najib Razak, the Malaysian Government and the two judges, and Dr Mahathir’s lawyer Mohamed Haniff Khatri Abdulla.

Speaking to reporters after the proceedings, Loke said the court dismissed both Dr Mahathir’s applications after finding that there was no statutory duty for the Prime Minister to advise the Yang di-Pertuan Agong to cancel the appointment of Md Raus and Zulkefli.

“The court dismissed the applications without any orders as to costs,” she said.

Meanwhile, Mohamed Haniff Khatri said they would file an appeal on the decision very soon.

Dr Mahathir filed an application to obtain leave for judicial review on Aug 9, naming Najib, the government and Md Raus as respondents, to have a mandamus order to compel the prime minister and the government to immediately render advice to the Yang di-Pertuan Agong to revoke or terminate Md Raus’ appointment as Chief Justice for another three years from Aug 4.

On Sept 27, Dr Mahathir filed a similar application, naming Najib, the government and Zulkefli as respondents, to challenge the appointment and extension of the Court of Appeal president’s term.

Both applications were submitted on four grounds based on constitutional provisions, including Article 125 (1) of the Federal Constitution does not allow someone who has reached the age of constitutional service of 66 years and six months to be appointed as Chief Justice.

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