This article first appeared in The Edge Financial Daily on June 13, 2018

KUALA LUMPUR: The Council of Eminent Persons (CEP) is not overstepping its advisory role by meeting with two senior judges to discuss their resignation, said Prime Minister Tun Dr Mahathir Mohamad. “I don’t think [the CEP is overstepping its boundaries]," said Dr Mahathir at a press conference yesterday.

“They have the right to talk to a lot of people. [This applies] to the people who are today innocent because they have not been charged, but who can provide information that will lead to our taking action against a lot of people [who have committed crimes during the previous government's tenure]. If the [CEP] can’t suggest to them what is good, then the entire CEP should be disbanded.”

Dr Mahathir reiterated his view that it is “not right” for Chief Justice Tun Md Raus Sharif and Court of Appeal president Tan Sri Zulkefli Ahmad Makinudin to continue in their positions beyond the mandatory retirement age of 66 as stated in the Federal Constitution.

“They (the CEP) indicated to the two judges that it is good if they were to resign. Otherwise, of course, the government will have to take action to remove them because we believe their extension in office as senior judges is not right,” Dr Mahathir said.

“It has never been done before. The government has given judges up to the age of 65 to serve, but extending [beyond that] means denying other judges the chance of promotion.” He added that the Bar Council and other leading lawyers feel such an extension is not justified.

Last year, Dr Mahathir failed to obtain leave for two judicial reviews seeking to compel former prime minister Datuk Seri Najib Razak to advise the Agong to revoke the appointments of Md Raus and Zulkefli.

The Malaysian Bar and Advocates Association of Sarawak have also expressed disagreement over the appointments of the two judges.

Senior lawyers have questioned the meeting between the judges and the CEP in the light of the issue of separation of powers, with UN Special Rapporteur on the Independence of Judges and Lawyers Datuk Param Cumaraswamy reportedly describing the event as “unacceptable”.