SIBU: Senator Robert Lau has proposed amending the Federal Constitution to increase the retirement age of senior judges to 68, with a potential further increase to 70 within five years, aligning Malaysia with other Commonwealth jurisdictions.
In making the proposal, he said senior judges at 66 remain at the peak of their intellectual and professional capabilities, as evidenced by retired judges and litigation lawyers who continue to contribute significantly to arbitration and dispute resolution.
“Allowing judges the option to serve beyond 66 would retain invaluable expertise, provide more time to groom successors, and ensure stable transitions in key judicial roles,” he said in a statement on Tuesday (July 1).
Lau, a lawyer by profession, pointed out the average life expectancy of Malaysians has changed significantly between 1957 (the year the federal constitution came into effect) and 2024, reflecting improvements in healthcare, living standards, and public health measures.
He stated the average life span of Malaysian has increased by 20 years from the mid 50s in 1957 to 73 for men and 78 for women currently, and that the additional years can be meaningfully and productly utilised especially in the legal field.
“If we look at our lawmakers, many members of parliament and state legislatures are over the age of 66.
“The lack of clarity surrounding multiple judicial retirements in 2025 is unprecedented and highlights the urgent need for reform.
“The government’s reluctance to consider extending the retirement age of judges is inconsistent with the Madani administration’s reform agenda.
“To safeguard judicial independence and public confidence, the government must act decisively to address these systemic issues through transparent policies and legislative amendments,” he added.
He pointed out that uncertainty over extending the tenure of Chief Justice Tun Tengku Maimun Tuan Mat for an additional six months has sparked significant concerns about judicial independence, transparency in the appointment process, and the overall effectiveness of Malaysia’s judicial system.
According to him, this controversy underscores systemic flaws, particularly the limited authority of the Judicial Appointments Commission (JAC), and reignites the debate on the retirement age of senior judges.
He stressed that under Article 125(1) of the Federal Constitution, Federal Court judges, including the Chief Justice, retire at 66 but may have their tenure extended for up to six months with the approval of the Yang di-Pertuan Agong.
He said Maimun, Malaysia’s first female Chief Justice, reached the mandatory retirement age of 66 on July 2, and the lack of confirmation regarding her extension, despite presumed JAC recommendations, has fueled public and professional unease.
Similarly, he said, no extensions have been confirmed for Court of Appeal President Tan Sri Abang Iskandar Abang Hashim or Federal Court judge Tan Sri Nallini Pathmanathan.
In contrast, he pointed out several Federal Court judges — Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim, Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, and Federal Court judges Tan Sri Harmindar Singh Dhaliwal, Datuk Zabariah Mohamad Yusof, and Datuk Hanipah Farikullah — received six-month extensions in 2025.
According to him, this selective granting of extensions raises serious questions about fairness and transparency in the decision-making process.
He viewed that the uncertainty surrounding the non-extension of Maimun’s tenure, coupled with speculation about her successor, has led to perceptions that political considerations may be influencing judicial appointments.
Such perceptions, he added, undermine the Madani government’s commitment to reform and transparency.
He stressed that the Malaysian Bar Council and the legal fraternity have voiced concerns, emphasising the need for an impartial and transparent process to maintain public trust in the judiciary.
Saying that the judiciary also faces a looming succession crisis, with over half of Federal Court judges due to retire this year, he said, this risks creating a leadership vacuum at the highest levels of the judicial system.
Experienced and knowledgeable judges are critical to maintaining public confidence and ensuring judicial continuity, he said, adding a shortage of qualified senior judges to fill key roles—such as Chief Justice, Court of Appeal President, and Chief Judge of Malaya—could lead to rushed or contentious appointments, further eroding trust in the judiciary.
