KUCHING: The amendments to Article 6(3) and Article 44 of the Sarawak State Constitution are most appropriate at this juncture by virtue of the recent amendments to the Federal Constitution, says Wilfred Yap (GPS-Kota Sentosa).
He said this went a long way to differentiate and distinguish the relationship status of Sabah and Sarawak as equal partners with Malaya in the formation of Malaysia.
“With this amendment, it would form the basis and would be a foundation for the legislation of future laws in respect of our rights and interests in Malaysia,” he said when debating in support of the Constitution of the State of Sarawak (Amendment) Bill, 2022 during the State Legislative Assembly (DUN) sitting today.
He noted that the amendment to Article 6(3) of the Sarawak Constitution involved the substitution of the words ‘Chief Minister’ with the word ‘Premier’ while the amendment to Article 44 involved a new concise and accurate interpretation of the formation of the Federation of Malaysia through the Malaysia Agreement 1963 (MA63).
“This amendment gives legal and constitutional status to MA63 which solidifies the status of Sabah and Sarawak as equal partners with the Federation of Malaya states, which is consistent with the recent amendments of Article 1(2) and Article 160(2) of the Federal Constitution.
“With the amendment of Article 44 of the Sarawak Constitution, we would have a clear definition of the standing of the states in the Federation of Malaya, which status is clearly different and lower than the status of Sarawak.
“This amendment restores our dignity as a sovereign state and affirms our place as equal partners with Malaya in the formation of Malaysia,” he said.
Yap noted that the states forming the Federation of Malaya – namely Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Perlis, Penang, Selangor, and Terengganu – have Chief Ministers.
However, he said it had to be very clear that Sarawak, as a sovereign state during the formation of Malaysia on Sept 16, 1963, is unique and different from the states forming the Federation of Malaya.
For example, he said in Canada, a Premier is the head of government of a province or territory, and that although the word is merely a synonym for Prime Minister, it is employed for provincial Prime Ministers to differentiate them from the Prime Minister of Canada.
“It is therefore of legal importance for Sarawak to distinguish and manifest her status as an equal partner with the Federation of Malaya by distinguishing the head of government through the designation of Premier to differentiate from the Chief Ministers in the states of Malaya.
“It is imperative that we must give form to the substance of the relationship status of Sarawak with the Federation of Malaya, and it starts with the change of name or designation of our head of government from Chief Minister to Premier,” he said.
He said the Constitution of the State of Sarawak (Amendment) Bill, 2022 reflected the resolve, determination, and commitment of the Gabungan Parti Sarawak (GPS) government under the progressive leadership and far-sighted vision of Chief Minister Datuk Patinggi Tan Sri Abang Johari Tun Openg.
Yap said to legally and systematically take back Sarawak’s rights, interests, and privileges under the Federal Constitution and MA63, the amendment Bill is consequential to the recent successful amendments to four articles of the Federal Constitution.
“While Pakatan Harapan (PH) which includes Democratic Action Party (DAP) Sarawak have failed in their manifesto promises to Sarawakians, it is now clear beyond any doubt that the Sarawak GPS government has successfully fulfilled its promise and commitment to all Sarawakians for the inclusion of MA63 into the Federal Constitution to strengthen and cement the position of Sabah and Sarawak as equal partners with the states of Malaya,” he said.
