KUCHING: The uproar from Sarawak leaders is not about maintaining the principal registry of the High Court in Sarawak, but rather about constitutional compliance.
This was emphasised by Batang Sadong MP Datuk Seri Nancy Shukri in response to the recent statement by de facto law minister Datuk Liew Vui Keong who said that there was nothing in the law or constitution for the Sabah and Sarawak High Court Registry to remain in Kuching forever.
“He (Liew) missed the point,” she stressed.
Nancy cited Article 121(4) of the Constitution which reads, “In determining where the principal registry of the High Court in Sabah and Sarawak is to be, the Yang di-Pertuan Agong shall act on advice of the Prime Minister, who shall consult the Chief Ministers of the States of Sabah and Sarawak and the Chief Judge of the High Court”.
“It is clearly stated in the constitution, of actions to be complied with, by the government, before a decision to relocate is made.
“Ignorance of the requirement of the supreme law is no excuse for the judiciary,” she said recently.
Nancy called upon the Advocates Association of Sarawak to act and stop such constitutional non-compliance from continuing.
“If such act is to put pressure or to sabotage Sarawak for causing the government to lose the tabling of the amendment to Article 1(2) of the Federal Constitution, then it is a very sad episode,” she added.
“Election is over and the (Pakatan Harapan) government has won. We are witnessing a true democratic political reform in the country, but yet, it appears that Sarawak has lost its rights to be consulted over such issue although it is a mandatory requirement of the Federal Constitution.
“The government should move forward to perform its duty to the nation. We rely on the judiciary to ensure justice is done but here judiciary is seen to ignore a legal requirement. How else would the people have confidence in the judicial system?
Nancy further stated that this was a challenge to the local Pakatan Harapan political parties; Democratic Action Party (DAP) and Parti Keadilan Rakyat (PKR). She also reminded that both the minister and deputy minister are lawyers.
“This is a real legal issue that ought to be given attention by them instead of politicking on the amendment to the Federal Constitution, which is unnecessary,” Nancy commented.
When asked if there was a point for Sarawak to defend the move to transfer the registry of the High Court, she said, “We are faced with a constitutional requirement. I am in no position to say whether it is alright for the registry to be relocated.
“Had there been discussion, I believe our Chief Minister would consult the relevant parties to give their views.
“It puzzles me as to why after so many years, the decision to relocate is made,” she concluded.
