Wednesday, October 31, 2007

Zaki for CJ?

Top contender. I've been told that Zaki Azmi, the Umno lawyer who was controversially made Federal Court early last month, is Choice No 1 for the Chief of Justice post.
If that happens, the crisis faced by the Judiciary is expected to deepen. Zaki's ascension to the Federal Court defied convention as no one had ever been promoted to the Federal Court without first serving the High Court and the Appeal Court [Umno lawyer promoted to Federal Court, Sept 5].

Zaki's name has cropped up after Ahmad Fairuz Sheikh Abdul Halim failed today to get his term as the CJ extended amid the VK Lingam tape scandal. See Screenshots' "Power to the Rulers, Power to the People" and SKThew's "Power to the Rulers. Power to the Rakyat".

46 comments:

ewoon said...

Here we go round the mulberry bush, the mulberry bush, the mulberry bush ...

Adoi, kepala dah sakit pusing, lah.

bergen said...

This is UMNO's country. The people voted them in. Nothing we can do about it.

Anonymous said...

Dear Rocky

I just cannot believe my eyes when I read your blog. I sincerely hope that you got it wrong on Zaki is the new CJ.

If what you have said was true, the judiciary has definitely gone to the dog! Zaki= CJ GOD BLESS MALAYSIA!

Zaki, a member of UMNO Disciplinary Committee, directly appointed to the Federal Court and within a very short few months became the CJ. WHAT A BIG JOKE?

ROCKy, I hope that you are not joking OK. Pleae do not joke over thing like this because it is very scary indeed.

Anonymous said...

Hello Rocky,

If what you say becomes real,the hammer has struck the last nail on our judiciary's coffin.

Rastaman

Anak Bapa said...

Our doomsday is very near indeed. 10th November time to remember. Lets go in droves to remind Pak Lah who are really in power ......

caravanserai said...

The BN leaders never learn
One controversy after another
Lingam video clip not yet settled
The BN leaders make another

Sky rocket promotion
For years as UMNO legal head
This is patronage
Jump the 6 gun package

How best is Zaki?
I don’t know his written work dispensing justice
In the court of law for different divide

BN leaders trying to rattle the King and Rulers
Giving candidate without concern of the judiciary
Is it the changing norm no needs to serve in court?
At least in politics one must be appointed Senator

Are the BN leaders saying the present judges no good?
They have to find somebody out of the judiciary
Place him in the highest Court then appoint him
To lead the Judiciary……………….

Is this way we wanted our judiciary to work?
It is the pirates of the Cari Makan Way
What will the people get in justice?
My guess knowing whom one knows

This is Twilight Zone
You don’t know what will happen
In the country we called Malaysia Boleh!

Mr. Smith said...

It would not make sense for the conference of rulers to accept Zaki's appointment while rejecting Ahmad's extension.
It would an insult to the judiciary and all the existing judges for an outsider to be their boss.
If Zaki becomes CJ, all judges must resign enbloc in protest.
Appointing Zaki is as good as appointing Nazri Aziz for the post.

Anonymous said...

Malaysia(Umno) running out of talent????

Or it is just another Umno's crony.

Tehsin Mukhtar said...

The jokers only look stupid. And ugly as sin.

In reality, they know exactly what they are doing when it comes to further digging their claws into the whole system to protect their stinking ship.

Anonymous said...

Let not this be a wayang kulit to make Zaki the next CJ.

Anonymous said...

How can one be the CJ when one has not written any judgements yet ?

Anonymous said...

.

same shit different day.

from one shit hole to another shit hole.

this is bn's spectacular signature.

.

Anonymous said...

Anonymous said...
How can one be the CJ when one has not written any judgements yet ?

11:00 PM
__________________________________

Sudah pun! The boy who go back to prison (kalau tak salah)

Maverick SM said...

Zaki is the right choice because UMNO and Nazri knows if someone who is totally independent takes that place, all hell will break loose. Mahathir knew that in the 80s and Pak Lah knew his daughter may also be in trouble if his son-in-law is not protected.

Anonymous said...

Zaki Azmi the next CJ?

If he is even nominated as such, then UMNO is showing total disrespect to the Rulers.

The next step?

All the govt departments will be bringing down the portraits of the King and Queen from the wall.

Anonymous said...

Unfair To Question Zaki's Appointment On Political Grounds
General
October 30, 2007 20:56 PM
KUALA LUMPUR, Oct 30 (Bernama) -- Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz said it was unfair to dispute Tan Sri Zaki Tun Azmi's appointment as a Federal Court Judge merely because he had represented Umno in several court cases.

He said although Zaki had served Umno as its legal adviser, the latter's appointment was based on his experience as a law practitioner and Article 123 of the Federal Constitution.

"If we were to look at it from one aspect it's not fair, but if we consider his experience as a law practitioner, this has to be taken into account," said Mohd Nazri when replying to questions raised by Karpal Singh (DAP-Bukit Gelugor) and Lim Kit Siang (DAP-Ipoh Timur) when winding up the Supply Bill 2008 for the Prime Minister's Department, here today.

Both members of Parliament from the opposition disputed Zaki's appointment as they claimed it was unfair as he had been involved in a political party and had served as Umno's legal adviser.

In raising the issue, Karpal said Zaki was Umno's adviser before being appointed a Federal Court Judge and based on this factor, it was improper to appoint him as a Federal Court Judge.

"Where is the independence of the judiciary if a judge were to be appointed under this system... not taking into account his political leanings, is he going to be appointed as the Chief Justice after this?" he asked.

Lim, in supporting Karpal's view, asked whether Zaki had resigned as an Umno member as well as from the posts he held in various companies when he was appointed a Federal Court Judge.

Responding to the questions raised by the opposition, Mohamed Nazri said that as far as he knew, Zaki was not actively involved in Umno politics, on the other hand, he was only involved in hearing several cases of breaching discipline in Umno.

"As such, his appointment should not be disputed unless it was made without following the constitution," he said.

He said Zaki's appointment fulfilled the conditions of the Federal Constitution which provided that a law practitioner could be appointed a Federal Court Judge, Appeals Court Judge and High Court Judge on condition that he was a Malaysian citizen who had practised law for at least 10 years before his appointment.

shar101 said...

I wonder what the members of the Bench and the Bar have to say on this issue i.e. if it's a nomination by the Executive for ZA to become the next Chief Justice.

In any case, if from the outset, we have had a judicial commission to handle issues of appointments and promotions (as expounded by the Bar Council), we won't be going through this discussion at all.

As it is, NA has 'defended' ZA, therefore, we can presume the obvious is happening again.

SiKenit said...

If the story about the Rulers rejected the renewal/re-appointment of Tun Ahmad Fairuz Sheikh Halim as Chief Justice was true, then the Rulers can also reject Tan Sri Zaki Tun Azmi as well.

As simple as that. Lets see what transpired.

Otherwise, its just a person's opinion after the next person's.

There appointed a High Court Judge from PAS who actually contested in a General Election. He even went to be a Court of Appeal Judge.

I don't see anyone ever question why can't a PAS man, who actually stood for election be appointed High Court Judge then!

Bottomline is, the Rulers and HM SPB YDP Agong had always listened and concur with the 'advice' of the Prime Minister. Ever since Almarhum Tunku Abdul Rahman Putra Al Haj, fifty years ago. And it still is.

These sort of things don't change, even when there are people who want to see them changed. That is what feudalism is all about and we had always been a feudalistic society.

Anonymous said...

Anonymous said...
How can one be the CJ when one has not written any judgements yet ?

11:00 PM

---------------------------
In Bolehland, why not?

Maybe they are even thinking of outsource the written judgement......ie Lingam.

Brunt Council said...

No (elected) leader in the world (given a choice) would want to administer and have another branch of government (unelected) undermine it. Thats a fact. With the power to recommend an appointment is left to the Government to decide, one can expect such. Right?

Improper perhaps. But has the Government done anything illegal? That has been the procedure in appointing judges. Why didn't Tun Suffian, Sultan Azlan Shah, etc did something abt this when they were Lord Presidents and writing the law? There are so many judge appointment system in the world they could have emulated. Did they attempt to systematise and reduce the amt of individual discretions?

However, is there any major high level appointment in any organisation in the world that has no individual discretion? Even the so-called most advanced level of democrasy in the US, supreme court appointment is based on individual discretion of a Presidental recomendation with endorsement by a bipartisan Senate Committee (all politicians).

You may not like it, even in those processes, politicians has a role and justified as elected representative. Kita complain ke atau Bar Council complain ke ... tapi government will rightly say we are elected by the people. Who do you represent? You are minority and they represent are majority. Off course, some will argue that of minority right and clean election but it is mere speculation and mental mustarbation.

One complain of Zaki Tun Azmi is his lack of experiance as judges. What abt Gopal Sri Ram, who came in as lawyer straight to Court of Appeal? Kalau orang India bole, Melayu mesti boleh dan lebih. Jangan marah...

Pening pening ....

skilgannon1066 said...

Salaam, Pak Rocky

Let me point out how it's done in Spore. The current Spore CJ, Chan Sek Keong (an ex-Msian, born in Ipoh), was a practising lawyer in Spore before he was appointed as a Judicial Commissioner in 1986. He was then appointed as a Spore Supreme Court Judge in 1998, moved to become Spore A-G in 1992 before being appointed CJ of Spore in 2006.

So, in principle, there's nothing wrong in appointing practising lawyers of sufficient seniority and intellectual background, and with the necessary gravitas, as Judges of the High Court, Court of Appeal or the Federal Court.

Off the top of my head, I can think of at least 2 such senior lawyers in Malaysia - Zaid Ibrahim of ZICO and Cecil Abraham (ex-Shearn Delamore and now with Zul Rafique) who could be potential Judge material. And, no doubt, there are many others.

The problem in Msia is that the appointment of judges has become politicised. As it is in the US, where the US President names his candidates to be Judges of the US Supreme Court, but they have to be vetted and approved by both the US House of Representatives and Senate before being appointed formally as Judges of the Supreme Court.

In Spore, it is the executive (the govt) who nominates candidates as judges for approval by the President of Spore. But with the pristine image and reputation of the Spore govt, this nomination and selection of judges is not seen as a problem; indeed, the Spore judiciary and legal system score high marks in any rankings of competitiveness.

Anonymous said...

Off-course, they will always use some people from Amno. Lawyer->judge, utterly RUBBISH!!!

A KADIR JASIN said...

sdr Rocky's Bru,

I sense that too many people are not aware of the precariousness of the Raja vs the Executive.

It can not only lead to a constitutional crisis but worse.

It can lead to a breakdown of law and order.

Can the present government handle this? Keeping quiet and allowing things to deteriorate could only lead uncertainty at home and abroad.

Remember, our mainstream media may be censoring this. But the Singapore and world press are having a field day.

Remember also. We elect the government. We do not elect the King and the State Rulers.

We can change the Government, but we can't change the Rulers.

We support or not support the government. We are loyal subjects of the King and the Rulers.

We should get carried away. The real power lies with the legislative -- the parliament and state assemblies.

Thank You

Anonymous said...

The plot is very simple. When the Govt. don't get their choice judges to be name the President of Court of Appeal and Chief Justice of Malaya. They sent Zaki in to be the Federal Judge. Remember 3 of them sworn in the same time. So they must get the the current CJ to stay longer no matter what, so Zaki can warm the seat a bit and deliver one two judgement and run for the CJ post.

Lingam tape scandal exploded, CJ missing in public eye. This is not in the original plan.

Now the Rulers has all the reason not to extend the CJ service. As Sultan Azlan Shah has spoken very strongly on this, the stand should be clear.

What next. Govt. might put Zaki name first. Hope Rulers will shoot it down as it will be really unprecedented as he has not even written a single judgement! So if the current President of Court of Appeal move up, reason to hurray? Not too fast, he is also 65, retiring soon too unless extended. Zaki might not get the post this time but maybe next.

So the fighting of will bt. the Govenment and the Rulers+Rayat continue. Let's keep presure on the Gov. and not let go. They should look after the rakyat interest and not their own.

Zaki should be rejected!!!!

CK

mustang said...

people, don't get easily conned-lah.

This is not power to the people.
(and please....you don't know what you're in for when you want power to the rulers. so don't start chanting that.)

fairuz is out. too much baggage for the government to carry.
now, the question is who will be in?
Rocky, you could be right. Zaki is Umno's choice.

if it's not zaki, it will be someone acceptable to "them".

we'll see, won't we.

(you guys, please don't get duped, ok...when a Royalty talks politics, and especially if he is qualified -- with an Oxford/Cambridge/Harvard background....we have to be worried. he cannopt be better than the likes of KJ et al.)

BigDogDotCom said...

Rocky,

I totally agree with Dato' Kadir Jasin. The Executive is backed by the legislative assembly, which represented the rakyat. through democratic means. The Rulers have never 'not listened' to the 'advice' of the Executive.

Bergen is right. UMNO has 110 seats in the Dewan Rakyat and the Malays are majority voters in more than 150 seats, including most of MCA and every single seat of MIC.

Mr Smith is right too. If Tun Fairuz's should not be there, nor should Zaki Tun Azmi, then the Bench should throw in the towel; en bloc. But is it happening and will this happen?

I agree with Brunt Council. Why earlier Lord Presidents, including Tun Salleh Abbas, did not change the procedure?

Sikenit has a point. If the story about Council of Rulers refused to renew Tun Fairuz's appointment as CJ, why can't they refuse the appointment of Zaki Tun Azmi (if he is not right for the job!)?

Skilganon has a valid point. The appointment of Judges is according to the Constitution and being practiced in other Commonwealth countries, with identical system.

shar101 said...

Yo BD,

Slow down your weight loss thingy, will yer.

Yer agreeing with almost everybody here.

New wardrobe ready yet?

anonymouse yang marah said...

The clowns already have both the legislative and executive powers and now running for the third one- juridical.. the end is near for a doomed Malaysia!!

Well, to all good samaritan citizen of Malaysia..we are really in deep s#!t right now.. nothing can be done rather than just watching, hearing and seeing how these clowns destroying our beloved country to kingdom come..the best we can do is just shouting, commenting and blogging..our democracy system is a total corrupted..

don't be an idiot by expecting a miracle to happen from the existing corrupted system..its like trying to play a new DVD with a defective DVD player..

I'm really piss off..the only thing i could think right now is to find a team of professional hitmen to gun down all these clowns..the only thing i am lack off is just million of ringgit to realize it.. They bring suffering & misery to all Malaysian!

Perhaps its the only way if we Malaysian want to see changes and save our beloved country..

open demostration, protest and street rampage is also a clowning act..the end result is nothing & hopeless, plus totally a stupid act...syok sendiri! (even lawyer also can change profession to clown..)

eradicate all clowns!

shanghaistephen said...

bro,
let's nominate the "semua sokong" commenter, bigdog, to the position of CJ( any specie also can what! no need to be lawyer only ,right ? ).... he would be acceptable to UMNO...woof..woof !
at least we can literally affirm that our judiciary has really gone to the dogs !
cheers !

Anonymous said...

This is UMNO's country. The people voted them in. Nothing we can do about it.
no way man!umno got no country so did pas and dap mic and so on.
this is MY country.my blood spill and later my body will be buried,here,in my country.

Anonymous said...

anon 10.23

on the dot. the current no 2 will become CJ and next year he will retire. Here comes the UMNO man to be the CJ.
Make sure you have an arbitration clause in all your commercial dealings. Else, you never know what you will get when in court to resolve a commercial dispute notwithstanding a watertight agreement. and for landowners, make sure your title is not clean ( ie better charged it to the banks even if you dont need any borrowings) coz you can wake up tomorrow and find that the land belongs to others. its already happening ( but I really hope the authorities can put a definite stop to this)!

Tehsin Mukhtar said...

Maybe the Rulers should read the blogs to see what their rakyat feel instead of just Malaysian Tatler. Enough la with the polishing of your polo clubs, do some real work la.... darah kita sama saja, responsibility tu yang lain dan lebih besar...the constitution is just a piece of paper, subject to errors by man and evolution with the times...bukannya Sacred Word of God!!!!

Pasquale said...

Rocky!

This is the real harsh reality in this country of multi-racial setting, as I see it. I know for a fact that a big chunk of Malaysians will not be happy if the PM, the DPM, the King, the rulers, the CJ, the Federal Court judges,the IGP, chief of the armed forces, the majority of the Malaysian cabiner, the head of Proton, the head of Khazanah, the head of the National Bank, chancellors of universities are STILL from the Malay race!
They will be happy if those mentioned are being changed to non-Malays. Well, the other harsh reality is the fact that some Malaysians are just simply not grateful to be living in this country, safe and free from real fucking trouble.
I am happy and grateful with the fact that had my ancestors not left Sumatra I would be coming and working in this country illegally. Just like had Condoleeza Rice's ancestors had not been kidnaped and sold as slaves she would still be in Liberia, or Senegal with an oversize buttock from eating wild meat, i.e. chimpanzee, monkeys, snakes, baboon etc!
So what if they - Umnno, the royalty, the monkeys - want to elect Zaki Azmi as CJ, so WHAT! Will that stop lawyers, you and me from working or from making tons of money buying expensive cars?!

I guess, as long as the CJ, and the rest are from the Malay race, political organisation like PAP in disguise will not be happy. Then we have people like Samy Vellu who have subtly telling Malaysian-Tamil to build more temple, even if it it near a mosque, as had happened in Penang and Negeri Sembilan and some other places!
Well, the real problem in this country is not who is appointed as CJ, but rather than non-Malay Malaysians who are obviously adverse and above all things Malay! I believe, and I am not and refuse to be a hypocrite, this is the real problem! Can we addres it?! Not likely in this millennium! But try to have some fun, eh!

Anonymous said...

pasquale

majority unhappy because the positions are helmed by Malays? goodness, the issue is not ethnic but competency. is that why Jala ( of MAS) is scorned by the Ketuanan Melayu protaganist because he is not Malay?
the rakyat deserves and acceptve second best just because there are no racial riots now? for all the resources the country has, we have fallen behind unless of course you want to compare with Burma and be grateful and happy about it.

CK said...

pasquale took the racial line along this debate. I look through most of the cooments here. Are we saying Zaki is not the right choice bcos of race. Not at all. Then why so many are uneasy. He has been UMNO legal adviser and also sit in the diciplinary board. His just got his Federal Court Post, the seat not even warm yet. Then suddenly he become CJ! Also I read a report here about the case of Lawyer take second wife to court. http://www.malaysianbar.org.my/content/view/1711/2/

I am for the Right person for the job and he has to prove his worth. Look at Sultan Azlan Shah. The best example of the kind of Excellent CJ we had. And I am all for it if they have elevated Justice Hishamudin Yunus who is really fair and has written very good judgement and has been High Court Judge since 1995 to the post.

So are we really lacking good judge around or even good Malay judge around. The answer is no. So tell me why Zaki!? The answer is so obvious!!

CK

Anonymous said...

To Datuk Kadir and Bigdog

I do agree with Datuk Kadir, who is a friend of mine. so is Bigdog - wof! Wof!

Firstly, Datuk Kadir must understand that why people seeking audience or help from the Rulers and Agong. It was all because the rakyat felt the sense of hopelessness and they care for the nation. Seeking help from the Agong is the last resort. So Datuk Kadir must understand this fact i.e. the rakyat are fed up with PM, SIL and cronies like Kali and etc and nothing seemed to have changed for the better.

Both Datuk Kadir and Bigdog must appreciate the people frustration and if they cannot go to the Agong where do they go when the Government is not bothered about the rakyat - ONTO THE STREET.

Anonymous said...

Dear Rocky'sbru

You are very "choon". The Star and NST were not able to tell us about the fate of Ahmad Fairuz and you did. Salute to you. Lets stop buying Star, NST, Utusan and other government controlled newspapers.

Don't tell me Datuk Wong Chun Wai is also sleeping like the PM?

shanghaistephen said...

bro,
Do you get the feeling pasquale is sounds like a real prick ?
get a life pasquale !Go get some fun man !
Cheers !

Anonymous said...

Rocky

You are right the appointmetn of Zaki will only deepen the crisis adn will not in any way help Bodowi.

The 4th floor boys must be damn stupid to appoint Zaki as CJ. these boys should be sacked as they are not advising the Bodowi properly. Most probably Bodowi was asleep when they aedvised him.

God bless Malaysia if Zaki appointed!

Zakhir's Zoo said...

Tehsin,

I disagree.

The Blogs does not represent the exact demography of Malaysians. So the use the Blogs as a barometer how Malaysians really felt is wrong.

Look at the blogs. Most of commenters are actually from Klang Valley. get the internet utility rate. Its very much centered around Klang Valley & Penang. Thats all! There's much more of Malaysia than just mere one metropolitian valley.

If the HRHs wants to get what people really feel, go 'mencemar duli' and go to the ground, mingle with the rakyat. At market places, shopping malls, transportation terminals, coffeeshops and eateries etc etc etc. The HRHs should also attend more public talks, debates and discourse.

Thats a better bet!

BrightEyes said...

Are people opposing Zaki because of his race, or because he's a BN yes-man who will fill in the post of Chief Justice & threaten judicial neutrality? Someone here knows how to play the race card to divert the topic.

Tehsin Mukhtar said...

true,zakhir's zoo...but fat hope they're going to get their pampered feet dirty on the streets and the kampungs and squatter settlements...lupa dan tak sedar diri dan tujuan...

A Voice said...

Below is taken from Aisehman and is an interesting twist to all comments here.

Bar Council chairman Ambiga Sreenevasan welcomed Zaki’s appointment, saying:

“Perhaps the recent negative publicity concerning the judiciary has prompted the move; this can be seen as another step taken towards strengthening the judiciary at the highest level, the first being the very welcome appointments of Justice Hamid and Justice Alauddin.”

But she said that because of Zaki’s association with Umno and the Government, there might be a perception he would be pro-government.

This is a burden that he will have to bear and dispel but I have every confidence he will be able to discharge his duties well,” she added. [The Star]

Pasquale said...

To anonymous and shanghaistephen!

To begin with Idris Jala iort Leo Moggie are a Malay by racial definition, but Christian as their preferred religon.
And for shanghaistephen, do not call me a prick, but coming from a little Indian (Malaysian) boy like you, it does not bother me. And BTW you have to improve on you vocabulary because it is so limited and pathetic. As for not being able to comprehend what I have said, you just have to regurgitate what I have said slowly, may be you can understand and learn something! Moron!

Tehsin Mukhtar said...
This comment has been removed by the author.
chriss said...

There is this NEW video on youtube regarding the judge fixing lawyer VK Lingham with very funny descriptions: http://www.youtube.com/watch?v=-L5tTlZYSaI
Do take a look :)