SENIORITY was not a decisive factor in appointing the chief justice, Court of Appeal president and chief judge of Malaya recently, said Prime Minister Datuk Seri Najib Razak.
The Judicial Appointments Commission had deliberated on the names of all senior judges during the selection, he said.
"Therefore, it is not true to say that the appointment of the chief justice, Court of Appeal president and chief judge of Malaya was done without considering the positions of other senior judges," he said in a written reply to M. Manogaran (DAP-Teluk Intan).
Manogaran had asked why the appointments of Chief Justice Tan Sri Arifin Zakaria, Court of Appeal president Tan Sri Md Raus Sharif and Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin on Sept 12 was done without considering more senior judges, and what the criteria were for appointments.
Najib said the appointment of the chief justice was governed by Article 122B of the Constitution, whereby the Yang di-Pertuan Agong appoints the chief justice on the advice of the prime minister.
With the enforcement of the Judicial Appointments Commission Act 2009 (Act 695), the prime minister will consider the names chosen by the commission for top judicial appointments.
Najib said the selection by the commission was done through confidential vote and majority decision, as provided for by the act.
"The criteria of selection for the (three positions) was based on merit by referring to the criteria stated under Section 23 of the act, among them, integrity, competency, professional experience and assertiveness in passing judgments.
"The commission prepared a clear guideline on the criteria."
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