KUCHING: “Now, what equal partnership is the federal government talking about?”
That question was posed by Sarawak de facto Law Minister Sharifah Hasidah Sayeed Aman Ghazali following the Federal government’s decision to move the headquarters of the Registry of the High Court of Sarawak and Sabah to Kota Kinabalu.
Yesterday, the letter regarding the move went viral on WhatsApp, and to be effective May 1.
Sharifah said such decision must have the mandatory consent of Chief Minister of Sarawak, which to the best of her knowledge the decision did not have.
“They (federal government) must act accordingly as stipulated in Article 121(2) of Federal Constitution.
“If there is no consent from the Chief Minister, then non- compliance of provisions of the Federal Constitution will render that move unconstitutional,” she said.
When asked what could have prompted the move, Sharifah said it could be that the federal government was not happy with Sarawak.
Meanwhile, senior lawyer Shankar Ram told local news portal DayakDaily that he believed the Prime Minister did not consult the chief ministers of both the Borneo states.
Shanker said the Registry’s headquarters had always been located here since the formation of Malaysia.
He cited Article 121(4) of the Federal 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 the 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.”
Shanker said if Article 121(4) had not been fulfilled “the move is not constitutional”.
