Zaki Azmi Chief Justice

This is an application under r 137 of the Rules of the Federal Court 1995, seeking to obtain leave to review the decision of this court in respect of the validity of appointment of a judicial commissioner pursuant toart 123 of the Federal Constitution . This court by a majority decision given on 27 December 2007 held that the appointment of Dr Badariah bt Sahamid as a judicial commissioner was valid. The decision was by a majority of three to two. The majority decision was delivered by Nik Hashim, Azmel and Hashim FCJJ. The minority judgment was by Abdul Hamid Mohamad CJ and Zulkefli Ahmad Makinudin FCJ. [2009] 2 MLJ 161 at 169

We have dismissed the application on 3 September 2008 and I now give my reasons.

As a brief background, Dr Badariah was appointed a judicial commissioner of the High Court of Malaya with effect from 1 March 2007. She was a professor and a lecturer at the Law Faculty of the University of Malaya prior to her appointment. As to her academic qualification, no one disagreed that Dr Badariah is a highly qualified lady. She received a first class honours degree in law from University of Malaya on 17 June 1978. The following year, she was conf