By J Evachel John
KOTA KINABALU: The Sabah Law Society (SLS) has filed legal proceedings in the High Court of Sabah and Sarawak in Kota Kinabalu against the Government of Malaysia to protect the constitutional safeguards guaranteed to Sabah and Sarawak under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
SLS president Datuk Mohamed Nazim Maduarin said the case seeks to ensure that any move to declare the Bahasa Malaysia version of the Federal Constitution as the authoritative text is carried out only in full compliance with constitutional requirements.
The SLS maintains that such a declaration cannot take effect without following the amendment procedures under Article 159, obtaining the consent of Sabah and Sarawak under Article 161E(2), and upholding the supremacy clause in Article 4(1).
Nazim stressed that the action is not in any way against Bahasa Malaysia as the national language, which is firmly enshrined under Article 152 of the Federal Constitution. Rather, it concerns the constitutional process and the need to reconcile existing discrepancies between the English and Bahasa Malaysia texts before any authoritative declaration is made.
He added that the legal action, led by former SLS president Datuk Roger Chin, aims to protect the supremacy of the Federal Constitution and ensure the Yang di-Pertuan Agong’s role under Article 160B remains constitutionally safeguarded.
“The SLS emphasises that this legal action is not directed at the Yang di-Pertuan Agong nor intended to question His Majesty’s prerogatives under Article 160B. Rather, it seeks to ensure that His Majesty is not placed in a position where a prescription made under Article 160B could later be challenged as unconstitutional.
“This case is therefore about protecting the supremacy of the Federal Constitution, upholding the proper amendment process under Article 159, and preserving the safeguards under Article 161E and the Malaysia Agreement 1963. In this way, the proceedings serve to safeguard, not diminish, the constitutional role and dignity of the Yang di-Pertuan Agong,” he said in a statement today.
According to Nazim, the action comes in response to a separate case filed in the High Court of Malaya in Kuala Lumpur, which seeks a declaration that the Bahasa Malaysia text is already authoritative.
“The SLS is concerned that bypassing the proper constitutional process could alter the legal meaning of provisions affecting religion, language, and native rights in Sabah and Sarawak, undermining the safeguards promised when the two States joined Malaysia in 1963.
“This concern arises because material differences already exist between the two versions of the Constitution,” he said.
He cited Article 12(4) as one significant example, where the English version requires the consent of both parents in matters relating to a minor’s religion, while the Bahasa Malaysia version uses wording that could be read to allow only one parent to decide.
“Such discrepancies could affect settled legal interpretations and the rights of citizens if the Bahasa Malaysia text were made authoritative without proper harmonisation.”
The SLS reiterated its support for the harmonisation of both language versions of the Constitution but insisted that this must be done through a transparent process that identifies and reconciles all material differences, informs Parliament and the public, and, where necessary, amends the Constitution with the required consent of Sabah and Sarawak.
“This case is brought in the public interest. Its outcome will have lasting implications for constitutional interpretation across Malaysia, the preservation of Sabah and Sarawak’s special position within the Federation, and the protection of the rule of law.”- SABAH MEDIA
