KUCHING: Member of Parliament for Bandar Kuching Chong Chieng Jen has submitted a motion to get Parliament to resolve that Prime Minister to advise the Yang di- Pertuan Agong to appoint Tan Sri Datuk Seri Panglima Richard Melanjum to be the Chief Justice (CJ) of the Federal Court upon the retirememt of Tan Sri Dato Seri Md Raus bin Sharif as the Chief Justice of the Federal Court on this 3 Aug.
The motion was faxed over to Parliament’s Secretary Datuk Roosme Binti Hamzah, the Secretary Office’s in Parliament.
Chong told a press conference at DAP Sarawak Headquarters here yesterday that the extension of Tan Sri Dato Seri Md Raus bin Sharif’s tenure as Federal Court judge by another three years has sparked off a constitutional crisis of the judiciary and possible constitutional challenge to the continued appointment of Tan Sri Dato Seri Md Raus bin Sharif as the Chief Justice of the Federal Court.
“Whereas among the present bench of Federal Court judges, there is one who is more than qualified for the post of the Chief Justice of the Federal Court, after the supposed retirement date of Tan Sri Dato Seri Md Raus bin Sharif on 3-8-2017, such candidate being the Chief Judge of the High Court in Sabah and Sarawak, Tan Sri Datuk Seri Panglima Richard Melanjum, who, having been appointed the Chief Judge of the High Court in Sabah and Sarawak in 2006, is the most senior Federal Court judge, even more senior than Tan Sri Dato Seri M Raus bin Sharif who was only appointed to the Federal Court in 2009,” Chong, who is also DAP Sarawak chairman told the media.
“Despite the fact that Malaysia was formed by the Federation of Malaya, Sabah and Sarawak as equal partners, there has never been a Sarawakian or Sabahan appointed as the Chief Justice of the Federal Court/Lord President in all the past 54 years, which gives rise to the notion that Sarawakian or Sabahan will never be appointed as the highest judicial post of the country.
Chong said whereas such a track record runs counter to the spirit of equal partnership in the formation of Malaysia by the three regions, ie. the Federation of Malaya, Sabah and Sarawak and renders the Sabah and Sarawak regions as subordinate to West Malaysia.
And whereas on consideration of meritoracy and the principle of equal partners between the West Malaysia and Sabah and Sarawak, and to avoid the constitutional crisis of having an unconstitutional Chief Justice of the Federal Court, it is time that a non-Malayan be appointed to the highest judicial post of the country.
Chong said it is hereby moved that the Dewan resolves that the Prime Minister to advise the Yang di-Pertuan Agong to appoint Tan Sri Datuk Seri Panglima Richard Melanjum to be the Chief Justice of the Federal Court on 3 Aug 2017 which is also the supposed date of retirement of Tan Sri Dato Seri Md Raus bin Sharif as the Chief Justice of the Federal Court.
Chong, who is Kota Sentosa Assemblyman also called upon the Sarawak and Sabah state BN to vindicate the lost rights of the two states by making sure that on 3-8-2017, for the first time in the 54 years of the nation’s history, a judge from the Borneo states is appointed to the highest judicial position.
“If Sabah and Sarawak were to be regarded as equal partners in Malaysia, then at least for once, there should be a Chief Justice appointed from one of the two states. Furthermore, Tan Sri Richard Melanjum is currently the most senior and thus the most qualified Federal Court Judge,” he added.
Parliament will sit from 24 July to 10 August 10.
