Press statement by
Datuk Mohamed Nazim Maduarin
President
Sabah Law Society
KOTA KINABALU : – The Sabah Law Society (SLS) has filed legal proceedings in the High Court of Sabah and Sarawak at Kota Kinabalu against the Government of Malaysia to protect the constitutional safeguards guaranteed to Sabah and Sarawak under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
The case seeks to ensure that any move to declare the Bahasa Malaysia version of the Federal Constitution as the authoritative text is carried out only in full compliance with constitutional requirements. The SLS maintains that such a declaration cannot take effect without following the amendment procedures under Article 159, obtaining the consent of Sabah and Sarawak under Article 161E(2), and respecting the supremacy clause in Article 4(1). The SLS stresses that this action is not in any way against Bahasa Malaysia as the national language, which is firmly enshrined under Article 152 of the Federal Constitution.
Rather, it is concerned with the constitutional process and the need to reconcile existing discrepancies between the English and Bahasa Malaysia texts before any authoritative declaration is made.
The action comes in response to a separate case filed in the High Court of Malaya at Kuala Lumpur seeking a declaration that the Bahasa Malaysia text is already authoritative.
The SLS is concerned that bypassing the proper constitutional process could alter the legal meaning of provisions affecting religion, language, and native rights in Sabah and Sarawak, undermining the safeguards promised when the two States joined Malaysia in 1963.
This concern arises because material differences already exist between the two versions of the Constitution. One significant example is in Article 12(4), where the English version requires the consent of both parents in matters relating to a minor’s religion, while the Bahasa Malaysia version uses wording that could be read to allow only one parent to decide.
Such discrepancies could affect settled legal interpretations and the rights of citizens if the Bahasa Malaysia text were made authoritative without proper harmonisation.
The SLS emphasises that this legal action is not directed at the Yang di-Pertuan Agong nor intended to question His Majesty’s prerogatives under Article 160B.
Rather, it seeks to ensure that His Majesty is not placed in a position where a prescription made under Article 160B could later be challenged as unconstitutional.
This case is therefore about protecting the supremacy of the Federal Constitution, upholding the proper amendment process under Article 159, and preserving the safeguards under Article 161E and the
Malaysia Agreement 1963.
In this way, the proceedings serve to safeguard, not diminish, the constitutional role and dignity of the Yang di-Pertuan Agong.
The SLS supports the harmonisation of both language versions of the Constitution but insists that this must be done through a transparent process that identifies and reconciles all material differences, informs Parliament and the public, and, where necessary, amends the Constitution with the required consent of Sabah and Sarawak.
The SLS Legal Team for this matter is led by Immediate Past President Datuk Roger Chin.
This case is brought in the public interest.
Its outcome will have lasting implications for constitutional interpretation across Malaysia, the preservation of Sabah and Sarawak’s special position within the Federation, and the protection of the rule of law.
