In my personal point of view as a lawyer, I think that there Discussion

shall be an age limit for politicians to hold the public office in

Malaysia. This is due to the fact that it is very unfair for the Since we are living in a democratic
other government officials who hold the government positions country, I think the most practical method to
with age limit. For example, government servants like address this issue is that the Department of
Malaysian judges can only sit on the bench up to 66 years old Statistics Malaysia should conduct a survey on
as per Art 125(1) of FC. Recently, just on 11 April 2019, Tan the opinions of the citizens whether there should
Sri Datuk Sri Panglima Richard Malanjum was retired as the be an age limit for politicians. If the majority
9th Chief Justice of Malaysia upon reaching the retirement citizens would want to remain such a situation,
age of 66 years old. His 27 years of judicial service as a then the voices of the people must be adhered to
Malaysian judge will always be missed. From this situation, accordingly. Conversely, if the majority citizens
we can know that even such a talented judge in Malaysia will think that there should be an age limit for
also need to retire when he has attained the retirement age. politicians, then the legislators ought to enact
But why we cannot apply such an age limit system on new laws on the retirement age of the politicians.
politicians so as to ensure fairness among other government In light of the fact that it is very ironic if judges
positions? have a retirement age, then why should
politicians be allowed to remain on chair
Furthermore, as we all know, the politicians are belonged indefinitely?
to the Executive and Legislative branches of Government,
they themselves decide their service conditions as they do not As we can see, politician with a higher
want to lose their powers but to enjoy the life time benefits. If position like Prime Minister can only surrender
the politician holds the special government position like the his position by tendering a resignation letter or
position of Prime Minister for so many years without any age by passing a successful vote of no confidence
limit, he can be regarded as a dictator as the Prime Minister under Art 43(4) of FC. But there is a discrepancy
has absolute decision-making power such as advising the in this Art as there is no other Art stating the
YPDA to appoint a particular judge as per Art 122B(1) of FC. consequences if the PM does not tender the
It also shall be emphasized that YDPA shall always act in resignation letter after a successful vote of no
accordance with the advice of the Cabinet Ministers who are confidence, he can continue to hold that position
also the politicians as stated under the Art 40(1) of FC. until when he wants. Thus, adequate age limit is
Because of these Articles in the FC, politicians will be very crucial in such case.
powerful in the Government body and their powers might
induce injustice or biases especially in the Judiciary branch of
Government. Eventually, the concept of separation of power
amongst the Executive and Judiciary might not be valid
anymore due to the arbitrary power of politicians. Thus, the
rule of law in our country will become “rule by law of the
politicians.”
Besides that, allowing politicians to hold their positions
until an old age will not evolve and develop our law. In light
of the fact that the thoughts of the elder politicians might not
be in line with the age of modernization. Undoubtedly, young
politicians will normally introduce a modern policy for the
younger citizens. Just look at our Minister of Youth and Sport,
YB Syed Saddiq where he is actively encouraging the young
ones to participate in e-sport and he is also working hard to
collaborate with global gaming company like Razer. His ideas
are bravely spoken in the Parliament as a law-maker. Thus,
young politicians of today are the great leaders of tomorrow.
To wrap up, it is beyond shadow of doubt that politicians
ought to have age limit. Ask yourself a question “If judges
have a retirement age, then why should politicians be allowed
to remain on chair indefinitely?”