KOTA KINABALU: The Sabah Law Society (SLS) has filed a legal action in the High Court of Sabah and Sarawak at Kota Kinabalu against the Government of Malaysia to protect constitutional safeguards guaranteed to Sabah and Sarawak under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
The SLS said the case aims to ensure that any move to declare the Bahasa Malaysia version of the Federal Constitution as the authoritative text complies fully with constitutional requirements. The society maintains that such a declaration cannot take effect without following amendment procedures under Article 159, obtaining the consent of both states under Article 161E(2), and adhering to the supremacy clause in Article 4(1).
According to SLS, the legal action is not against Bahasa Malaysia as the national language but concerns the constitutional process. It stressed the need to reconcile discrepancies between the English and Bahasa Malaysia versions before any official declaration.
The SLS expressed concern that bypassing constitutional procedures could alter legal interpretations affecting religion, language, and native rights in Sabah and Sarawak — safeguards promised during the formation of Malaysia in 1963. Among the discrepancies highlighted is Article 12(4), where the English version requires consent from both parents in matters of a minor’s religion, while the Bahasa Malaysia version may be interpreted to require consent from only one parent.
SLS clarified that the case is not directed at the Yang di-Pertuan Agong but seeks to ensure that His Majesty’s authority under Article 160B is exercised within constitutional limits and not subject to future challenges.
The society emphasised that the legal proceedings aim to uphold the supremacy of the Federal Constitution, the proper amendment process under Article 159, and the safeguards under Article 161E and MA63.
SLS supports the harmonisation of both language versions of the Constitution but insists it must be done transparently by identifying and reconciling all material differences, informing Parliament and the public, and obtaining the necessary consent from Sabah and Sarawak.
The SLS legal team is led by Immediate Past President Datuk Roger Chin. President Datuk Mohamed Nazim Maduarin said the case, filed in the public interest, has far-reaching implications for constitutional interpretation, the special position of Sabah and Sarawak, and the preservation of the rule of law in Malaysia.-BNN
