JULY 9 — In “When it comes to retirement age of judges, we aren’t trendy”, I wrote of former Chief Justice Tun Arifin Zakaria who said that the retirement age of judges should be increased to 70 years old by amending the Federal Constitution.
That was in March 2017.
More than a year later, eminent constitutional law expert, Prof Dr Shad Faruqi wrote in his column in The Star:
“The provision of the Federal Constitution’s Article 125(1) on retirement age (66 years plus six months of possible extension) seriously hinders the ongoing internal effort to reform the judiciary.
“It is therefore recommended that in line with many other countries, the age of retirement of our superior court judges should be extended. The most extreme case is the US Supreme Court, where the appointment is for life. Canada imposes the age of 75. The United Kingdom, Australia, Holland, South Africa, the Philippines and Indonesia observe the age of 70.”
The article was republished on the Malaysian Bar website.
In April this year, the eminent expert said it again: the retirement age of judges should be extended to 70 by amending Article 125(1).
In the preceding years, it is noteworthy that the call to extend or increase the retirement age of judges was also made by Karen Cheah, then president of the Malaysian Bar.
According to Cheah, Malaysia should allow its judges to retire at the later age of 70.
She noted that many other countries have set the retirement age for judges at 70 years old, and that some countries have proposed for the retirement age to be increased to 75 or even 80 years old.
“Another important reform which the Malaysian Bar believes will strengthen the judiciary and retain the nation’s talent is to increase the age of retirement of judges to 70,” she said in her speech at the Opening of the Legal Year 2023 at the Putrajaya International Convention Centre.
“The Malaysian Bar urges the government to make constitutional amendments to give effect to this important reform,” she added.
So, what happened to the call made in the name of the Malaysian Bar?
Deputy law minister Mas Ermieyati Samsudin (left) holding up the memorandum she received from Bar president Karen Cheah (right) during Walk for Judicial Independence at Padang Merbok in Kuala Lumpur June 17, 2022. — Picture by Yusof Mat Isa
If the call had been pursued vigorously, without fear or favour, the peaceful 2.6km march for judicial independence in Putrajaya, aimed at handing over a memorandum to the Prime Minister’s Office, should have taken place following the call by Karen Cheah.
The “Walk to Safeguard Judicial Independence” starting at the main entrance of the Palace of Justice (POJ) – the very heart of the judicial system, from where justice is dispensed – would have long demonstrated the commitment of the Malaysian Bar to judicial independence and integrity.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
