SLS: Amend Bill to include omitted words
KOTA KINABALU: The Sabah Law Society (SLS) is of the view that the Bill to amend Article 1 (2) of the Federal Constitution (FC) must reflect what was agreed upon in the Malaysia Agreement 1963 (MA63).
In this respect, SLS said the the Malaysia Act 1963 had clearly provided that: “The States of the Federation shall be -- (a) the States of Malaya, namely Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Trengganu; and (b) the Borneo States, namely Sabah and Sarawak”.
By the Constitution (Amendment) Act 1976, SLS said the aforesaid paragraph (b) was deleted and Article 1 (2) of the FC was amended to include Sabah and Sarawak together with the other eleven states.
Article 1 (2) of the FC currently reads as follows: “The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perlis, Sabah, Sarawak, Selangor and Trengganu”.
Presently, the Bill to amend Article 1 (2) states: “The States of the Federation shall be -- (a) Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor, Trengganu, and (b) Sabah and Sarawak”.
In this respect, SLS said the current Bill must be amended to include the omitted words “the States of Malaya” in paragraph (a) and “the Borneo States” in paragraph (b). This would restore the original wording of the Federal Constitution in Article 1 (2) when defining the States of Malaysia.
The Federal Constitution expressly provides that both Sabah and Sarawak have special rights, additional grants and sources of revenue over and above the other States in Malaysia as detailed in the Ninth and Tenth Schedule.
The amendment to restore the pre-1976 version of Article 1 (2) is therefore significant to reflect both the historical recognition of how Malaysia was formed and the special status of Sabah and Sarawak in the federation.
As the legislative process in parliament provides for amendments to be made to the current Bill, the SLS therefore advocates that the Bill be amended to reinstate the original wording of the Malaysia Act 1963 to include “the States of Malaya” in paragraph (a) and “the Borneo States” in paragraph (b).
Not only would that provide the optics of having the original words restored but it would go a long way to respecting the intention and distinct recognition of Sabah and Sarawak by the framers of the Federal Constitution.
If passed by parliament, the amendment would provide a platform for both Sabah and Sarawak to continue the journey towards the implementation of MA63. This would include a review of the existing special rights, additional grants and sources of revenue that are due to Sabah and Sarawak as well as issues of state autonomy, both administrative and substantive.
In the pursuit of these reviews and additional rights, SLS recognises that the intended amendment to Article 1 (2) alone would not fulfill the hopes and aspirations of the people of Sabah and Sarawak.
The intended amendment does not in itself achieve any actual change to the functions and relationship between Sabah, Sarawak and the federal government as presently stated in the FC.
Therefore, expectations are high that the special cabinet committee formed by the PH government to review MA63 will deliver both equitable and tangible results for the Borneo states, SLS said in a statement yesterday.