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©The Star (Used by permission)

THE length of time a retiring judge had served as judicial commissioner (JC) will be taken into account in the payment of pension and gratuity given to him under a proposed amendment to the Judges’ Remuneration Act 1971.

Under the Bill, tabled by Minister in the Prime Minister’s Department in charge of law, Datuk Zaid Ibrahim, JCs had the same functions, powers and enjoyed the same immunities as High Court judges.

“If a JC is appointed to be a judge, his period of service as a JC is disregarded in the computation of the pension and gratuity payable to him upon his retirement as a judge.

“In view of the fact that the functions performed are the same, it is only proper that if the JC is subsequently appointed to be a judge, his period of service as a JC is recognised in the computation of pension and gratuity,” the Bill said.

It was also proposed that the amendment apply to JCs who are still in service on the date the Act comes into effect.

Meanwhile, Datuk Eric Enchin Majimbun (BN - Sepanggar), has asked for the next Chief Justice of the Federal Court to come from Sabah or Sarawak.

“I heard that the current Chief Justice (Datuk Abdul Hamid Mohamad) is going to retire. Is there any chance for a senior judge from Sabah or Sarawak to be appointed to the post?” the Sabahan asked.

Zaid told Eric that the judiciary system in Sabah and Sarawak enjoyed the same status as that in Peninsular Malaysia.

He said this was why the Government wanted to set up a Judicial Commission.

“It’s true that the current Chief Justice will retire by year-end. Commission members will be able to evaluate the abilities and criteria of all the judges put up for appointment and forward their suggestions to the King and the Prime Minister. Anyone can be chosen,” he said.

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