JUDGMENT

Zainun Ali FCJ:

Introduction

[1] These references of constitutional questions under s 84 of the Courts of Judicature Act 1964 raise the issue of whether the appointments of the 2nd respondent and the 3rd respondent as the Chief Justice of Malaysia and the President of the Court of Appeal respectively, after their mandatory retirements, are valid and constitutional.

[2] In Civil Reference No: 06-01-2018(W), the applicant is the Bar Council who represents the advocate and solicitors in West Malaysia. In Civil Reference No. 06(f)-5-02-2018(Q), the applicant, the President of the Advocates Association of Sarawak, represents the advocates in Sarawak.

[3] Pursuant to an Order of the High Court at Kuching dated 23 March 2018 inter alia, the Sabah Law Society was permitted to appear as amicus curiae at the hearing of the Reference No: 06-5-02-2018(Q). Motion for intervener was filed on 13 December 2017 by the Muslim Lawyers Association in the suit filed by the Bar Council. Leave to intervene was allowed by the High Court at Kuala Lumpur.