KUCHING: There is no legal requirement for Prime Minister Datuk Seri Anwar Ibrahim to refer the status of Sarawak and Sabah in the Federation of Malaysia to the Malay Rulers even if the matter involves amending the Federal Constitution.
A Sarawak lawyer, Simon Siah, said Malaysia practices parliamentary democracy with constitutional monarchy, thus, any Bill or amendment to the Federal Constitution will be debated and passed by Parliament.
He said only then it will be submitted to the King (Yang di-Pertuan Agong) for Royal Assent and to be gazetted.
“Even amendments to the state constitution do not require consultation with the Yang Dipertua Negeri,” he told New Sarawak Tribune.
“However, in my opinion, it is a respect to our Malay rulers, by referring to them or to get their views and opinions on any major change in the Federal Constitution,” he said.
Siah said it would be crucial for the government to amend the Federal Constitution that allow greater authority or power to Sabah and Sarawak.
This, he said, would definitely make the declaration or recognition of Sarawak and Sabah as ‘regions’ meaningful.
During Anwar’s first visit to Sarawak since taking office, he said that he would need to refer the status of Sarawak and Sabah as regions in the Federation of Malaysia to the Malay Rulers as the matter will involve amending the Federal Constitution.
He said any change in the terminology must be referred to the Malay Rulers first before it is submitted to the Federal Cabinet for discussion and consideration.
Another lawyer Lim Heng Choo viewed that with the passing of the amendment on Article 1(2) of the Federal Constitution during the administration of the previous government, it had reflected the original spirit of the Malaysia Agreement 1963 (MA63) and defined Sarawak and Sabah as equal partners in the federation.
“Thus, there is no requirement to consult the Malay rulers (when it comes to the change of terminology now) as the Federal Constitution has been amended. Besides, constitutional monarchy does not have executive power,” he explained.
“So, it is up to the Federal government to call or recognise Sarawak as a region,” he added.
However, Siah felt that it would still involve amending the Federal Constitution in order to change the term, from state to region.
The amendment of Article 1(2) and Article 160(2) of the MA63 stated that the States of the Federation shall be the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu; and the Borneo States namely, Sabah and Sarawak.
“Sabah and Sarawak are categorised under the Borneo States and still referred to as a state nonetheless and not a region. So, we need another Bill to amend the Federal Constitution in order to change the term,” he added.
It was previously reported that Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg had also said that the status of Sarawak and Sabah as regions in Malaysia has not yet been gazetted.
This was despite Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi saying Sabah and Sarawak have been accorded the status of region and are no longer regarded as states within Malaysia.
