MIRI: Gabungan Parti Sarawak (GPS) MPs could not vote for the proposed Federal Constitution Amendment Bill because it excluded two elements that they wanted included.
Sarawak United People’s Party (SUPP) secretary-general Datuk Sebastian Ting said the two elements are “pursuant to the Malaysia Agreement 1963” and “equal status”.
“Pakatan Harapan (PH) claimed that the proposed Federal Constitution Amendment Bill would make Sarawak and Sabah equal partners to Malaya in accordance with the Malaysia Agreement 1963 but the request by GPS MPs to include these few words “pursuant to the Malaysia Agreement 1963 (MA63)” was rejected by the PH government.
“In addition, the proposed amendment did not include the term “equal status” in Article 1(2) to reflect the equal partnership,” Ting said in a statement yesterday.
Ting said it is important to include the term “equal status” in the proposed amendment to give the amended provision certainty so that any court of law can easily interpret the equal partnership between Malaya, Sarawak and Sabah as contained in the supreme law of the country.
“Furthermore, the PH government continues to refuse to recognise the fact that there is a need to amend the definition of “the Federation” in Article 160 of the Federal Constitution which currently defines the Federation known as Malaysia as Federation established under the Federation of Malaya Agreement 1957.
“It should be based on the MA63 not on MA57,” he pointed out.
According to Ting, state legal counsel Datuk Seri JC Fong highlighted a few days ago that in the Federal Constitution, there is no recognition of the MA63.
“I strongly concur with his view that it is important to have the word “Malaysia Agreement 1963″ inserted into the proposed Federal Constitution Amendment Bill 2019 in order for the supreme law to recognise the MA63 so that henceforth, any discussion to restore or reclaim the rights of Sarawak and Sabah can be conducted under a document which the Federal Constitution recognises,” Ting stressed.
“Courts will only interpret and give the force of law of what they see, written in black and white in the Federal Constitution. If MA63 is not there, the judges have no right to refer to it at all in any court proceedings.
“That is why the GPS MPs suggested to the Federal government to insert the word “pursuant to the Malaysia Agreement 1963″ into the proposed Federal Constitution Amendment Bill 2019 Article 1(2) yesterday (Tuesday) in order for the Federal Constitution to recognise MA63,” he said.
“It is very regrettable and a big disappointment that the suggestion to include the word MA63 was rejected by PH including Sarawak DAP MPs,” Ting expressed.
“Very unfortunately, PH is only concerned about rushing through the proposed Federal Constitution Amendment Bill 2019 which was without real substance and form,” he said.
According to Ting, it is important to note that the PH government rejected the motion by GPS MP Datuk Seri Dr Wan Junaidi Tuanku Jaafar to refer the proposed Federal Constitution Amendment Bill 2019 to the Select Committee for detailed debate, comprehensive study and to come up with proposals for a real and meaningful amendment to the Federal Constitution.
“Wan Junaidi ‘s motion was defeated: For the motion – 60, Against – 136, Abstained – 1
“Many Sarawakians would want our DUN and Sabah DUN to first deliberate this matter and make decisions for the betterment of Sarawak and all Sarawakians, in particular our rights as contained in the Malaysia Agreement 1963, the Cobbold Commission report, the Inter-Governmental Committee Report and the Malaysia Act 1963 (Chapter 35),” he pointed.
“We all want a real, meaningful and correct amendment to our Federal Constitution, touching on documents relating to the formation of Malaysia, 56 years ago,” he said.
Therefore, he said, it was only right and rational not to rush the amendment but to provide sufficient time to the people of Sarawak and Sarawak assemblymen to deliberate and make decisions.
“We must ensure that we cover all the possible areas to safeguard the rights of Sarawak and Sarawakians as a whole. “We must strive to be better and be more careful compared to 56 years ago and we cannot allow the repeat of Federal Constitution Amendment mistake in 1976,” he explained.
The proposed Federal Constitution Amendment Bill 2019 was voted on and was rejected because it did not receive 148 votes (two-third of 222) as required under the Federal Constitution: In favour – 138, less than 148 votes to pass the Bill; Against – 0, Abstained – 59
“We did not vote against the proposed amendment but only abstained together with the other 40 MPs,” Ting explained.
“Make no mistake, indeed we welcomed and wanted the amendment of our Federal Constitution to put Malaya, Sarawak and Sabah as equal partners. However as per the above-mentioned reasons, we believe that the proposed Federal Constitution Amendment Bill 2019 fell short of achieving what Sarawak and all Sarawakians want.
“Therefore, our conscience does not allow us to accept the proposed amendment in its current form, so our GPS MPs abstained.
Ting went on to thank all Sarawakians who had followed closely the proposed Federal Constitution Amendment Bill which was tabled in Parliament on Tuesday for the second reading.
“We thank you very much for your warm words of support and encouragement throughout these few days, especially the whole day yesterday (Tuesday) and late into the night.
“Thank you Sarawakians and together we must always continue to put Sarawak First,” he added.
