Kota Kinabalu: Sabah’s ongoing efforts to restore its constitutional rights under the Malaysia Agreement 1963 (MA63) are shaping key legislative and institutional reforms in the State.
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Sabah Attorney General Datuk Brenndon Soh said adherence to the rule of law remained central to safeguarding Sabah’s position within the Federation, particularly as long-neglected constitutional arrangements are revisited and implemented.
Soh said 2026 is expected to mark further progress on MA63, including the anticipated activation of Article 95C of the Federal Constitution, which would extend legislative power to Sabah to regulate scheduled waste.
“This would enable amendments to the Environmental Protection Enactment and strengthen state-level control over hazardous materials.
I welcome the Federal Government’s agreement, in principle, to amend the Judicial Appointments Commission Act and the Federal Constitution to formally restore the role of the Head of State in Sabah and Sarawak in certifying candidates for appointment as judicial commissioners.
“Continuing on MA63, Sabah would pursue constructive engagement with the Federal Attorney-General’s Chambers to reclaim regulatory authority over tourism, noting that tourism was originally a residual state power under the Federal Constitution before being transferred to the Federal List in 1994,” he said.
He further welcomed support for increasing parliamentary seats for Sabah and Sarawak to restore more than one-third representation, describing it as a critical safeguard envisioned at the formation of Malaysia.
Soh said recent State enactments also reflected Sabah’s efforts to strengthen autonomy and governance, including amendments to the Land Ordinance to introduce indefeasibility of title, reforms to the State Sales Tax framework, and the enactment of the Sabah Climate Change and Carbon Governance Enactment 2025, which vests carbon rights in the State.
He said last month’s decision by the Paris Court of Appeal to annul the purported arbitration award involving alleged heirs of the former Sulu Sultanate provided clarity and reassurance on Sabah’s sovereignty and the integrity of the Federation.
Soh added that the Attorney General’s Chambers would continue to build institutional capacity through expanded training for legal officers, while preparing for the growing impact of artificial intelligence on legal practice and governance.
He stressed that while technology would transform legal work, constitutional responsibility, professional judgment and respect for the rule of law remain irreplaceable. The 2.6km procession, from Hakka Hall, Tanjung Lipat to the SICC, continued in the rain.
