By DayakDaily Team
KUCHING, July 1: Senator Robert Lau has proposed amending the Federal Constitution to increase the retirement age of senior judges to 68, with a possible extension to 70 within five years, warning of a looming judicial succession crisis as more than half of Federal Court judges are set to retire this year, amid a shortage of qualified candidates to assume key roles.
Lau’s proposal comes in the wake of the government’s decision not to extend the tenure of Chief Justice Tun Tengku Maimun Tuan Mat, who reached the mandatory retirement age of 66 tomorrow (July 2).
“The move has sparked widespread concern over judicial independence, the opacity of the appointments process, and the long-term stability of the country’s judicial system,” he said in a statement today.
Lau pointed out that the Federal Constitution’s Article 125(1) stipulates that judges retire at 66, with a possible six-month extension upon the King’s approval. Tengku Maimun—the nation’s first female Chief Justice—did not receive such an extension, despite expectations that the Judicial Appointments Commission (JAC) would recommend it.
“The uncertainty surrounding the non-extension of Chief Justice Tengku Maimun’s tenure, coupled with speculation about her successor, has led to perceptions that political considerations may be influencing judicial appointments. Such perceptions undermine the Madani government’s commitment to reform and transparency,” he said.
The senator stressed that Court of Appeal president Tan Sri Abang Iskandar Abang Hashim and Federal Court judge Tan Sri Nallini Pathmanathan are also approaching retirement without confirmed extensions, unlike several of their peers who were granted six-month terms—namely Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim, Chief Judge of Sabah and Sarawak Tan Sri Abdul Rahman Sebli, and judges Tan Sri Harmindar Singh Dhaliwal, Datuk Zabariah Mohamad Yusof, and Datuk Hanipah Farikullah.
“The selective granting of extensions raises serious questions about fairness and integrity in decision-making process,” Lau added.
The Malaysian Bar Council and members of the legal fraternity have echoed these concerns, calling for an impartial and transparent process in senior judicial appointments to uphold public trust in the courts.
According to Lau, Malaysia must follow the example of other Commonwealth nations by extending the judicial retirement age, especially as life expectancy has significantly improved—from an average of 55 in 1957 to 73 for men and 78 for women in 2024.
“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.
Lau also highlighted the inconsistency in allowing lawmakers, many of whom are older than 66, to remain in office while denying judges the same opportunity to continue serving.
“The additional years can be meaningfully and productively utilised, especially in the legal field,” he said.
The senator stressed that the government’s current inaction on judicial tenure reform contradicts its Madani agenda of good governance and institutional reform.
“The judiciary also faces a looming succession crisis. This risked 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. 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,” he added.
To safeguard judicial independence and public confidence, Lau emphasised that the government must act decisively to address these systemic issues through transparent policies and legislative amendments. — DayakDaily
