Kota Kinabalu: The Sabah Law Society (SLS) has initiated legal proceedings in the High Court of Sabah and Sarawak here against the Government to safeguard the constitutional protections guaranteed to Sabah and Sarawak under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
SLS said 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 strictly in accordance with constitutional procedures.
It maintained that such a declaration cannot take effect without fulfilling the amendment process under Article 159, obtaining the consent of both Sabah and Sarawak under Article 161E(2), and upholding the supremacy clause in Article 4(1).
“This action is not against Bahasa Malaysia as the national language, which is clearly enshrined under Article 152 of the Federal Constitution.
“Rather, it concerns the constitutional process and the need to reconcile existing discrepancies between the English and Bahasa Malaysia texts before any authoritative declaration is made,” SLS said in a statement.
The move follows a separate case filed in the High Court of Malaya in Kuala Lumpur seeking a declaration that the Bahasa Malaysia text is already authoritative.
SLS said it was concerned that bypassing the proper constitutional process could alter the legal meaning of provisions relating to religion, language and native rights in Sabah and Sarawak, thus undermining the safeguards promised when the two states joined Malaysia in 1963.
SLS highlighted that material differences already exist between the two versions of the Constitution, citing Article 12(4) as an example. In the English text, both parents must consent in matters concerning a minor’s religion, while the Bahasa Malaysia version could be interpreted as requiring only one parent’s consent.
“Such discrepancies could affect settled legal interpretations and citizens’ rights if the Bahasa Malaysia text were made authoritative without proper harmonisation,” SLS said.
It also clarified that the legal action is not directed at the Yang di-Pertuan Agong, nor does it seek to question His Majesty’s prerogatives under Article 160B.
“This action aims to ensure His Majesty is not placed in a position where a prescription made under Article 160B could later be challenged as unconstitutional. It is about protecting the supremacy of the Federal Constitution, the amendment process under Article 159 and the safeguards under Article 161E and MA63,” SLS said.
SLS affirmed its support for harmonising both language versions of the Constitution, but insisted this must be done through a transparent process that identifies and reconciles material differences, informs Parliament and the public, and, where required, secures the consent of 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, will have lasting implications for constitutional interpretation across Malaysia and the preservation of Sabah and Sarawak’s special position within the Federation.
“Ultimately, this case is about upholding the rule of law and ensuring that the constitutional safeguards promised under MA63 remain fully protected,” he said.
