JULY 3 — After Tun Tengku Maimun Tuan Mat on Tuesday (July 1), Tan Sri Abang Iskandar Abang Hashim, the first Sarawakian to serve as the President of the Court of Appeal (PCA), concluded his last official day at work at the Palace of Justice yesterday.
So today, the Judiciary is without the Chief Justice (CJ) and PCA, the top two judicial officers of the country — perhaps unprecedented.
Do the vacant offices affect the work of the Judiciary?
The answer lies in Section 9 of the Courts of Judicature Act 1964.
Section 9 on “Exercise of powers during incapacity or absence” provides as follows:
(1) Whenever during any period, owing to illness or absence from Malaysia or any other cause, the Chief Justice is unable to exercise the powers or perform the duties of his office (including his functions under the Constitution), or in the event of a vacancy in the office, the powers shall be had and may be exercised and the duties shall be performed –
(a) by the President; or
(b) where the President is absent from Malaysia or unable to act, or in the event of a vacancy in the office, by the Chief Judge of the High Court in Malaya; or
(c) where the President and the Chief Judge of the High Court in Malaya are absent from Malaysia or unable to act, or in the event of a vacancy in the offices, by the Chief Judge of the High Court in Sabah and Sarawak; or
(d) where the President, the Chief Judge of the High Court in Malaya and the High Court in Sabah and Sarawak are absent from Malaysia or unable to act, or in the event of a vacancy in the offices, by the Judge of the Federal Court nominated for that purpose by the Yang di-Pertuan Agong.
Tun Tengku Maimun Tuan Mat has retired as Chief Justice with no replacement so far. — Picture by Shafwan Zaidon
(1A) Whenever during any period, owing to illness or absence from Malaysia or any other cause, the President is unable to exercise the powers or perform the duties of his office, the powers shall be had and may be exercised and the duties shall be performed by a Judge of the Federal Court designated for that purpose by the Chief Justice after consulting the President.
(1B) Whenever during any period, owing to illness or absence from Malaysia or any other cause, the Chief Judge of the High Court in Malaya is unable to exercise the powers or perform the duties of his office, the powers shall be had and may be exercised and the duties shall be performed by a Judge of the Federal Court designated for that purpose by the Chief Justice after consulting the Chief Judge of that High Court.
(2) Whenever during any period, owing to illness or absence from Malaysia or any other cause, the Chief Judge of the High Court in Sabah and Sarawak is unable to exercise the powers or perform the duties of his office, the powers shall be had and may be exercised and the duties shall be performed by the Judge of the Federal Court or of that High Court designated for that purpose by the Chief Justice after consulting the Chief Judge of that High Court.
(3) Whenever the office of the President or any Chief Judge is vacant, the powers of the President or any such Chief Judge, as the case may be, shall be had and may be exercised and his duties shall be performed by –
(a) a Judge of the Federal Court; or
(b) in respect of a vacancy in the office of the Chief Judge of the High Court in Sabah and Sarawak, a Judge of the Federal Court or a Judge of that High Court, designated for that purpose by the Chief Justice.
The gist of the above is this: in the event of a vacancy in the office of the CJ, the duties shall be performed by the PCA.
In the event of the office of the PCA is vacant, the Chief Judge of the High Court in Malaya (CJM) shall perform the duties of the CJ.
Where the office of the PCA is vacant, the duties shall be performed by a Judge of the Federal Court (FCJ) designated for that purpose by the CJ.
So in the event of vacancy in the offices of CJ and PCA, designated judges take charge and perform duties of the respective offices.
