KOTA KINABALU: The Sabah Law Society (SLS) has filed a suit against the Federal Government in the High Court of Sabah and Sarawak at Kota Kinabalu to protect the constitutional safeguards guaranteed under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
SLS president Datuk Mohamed Nazim Maduarin said the legal action 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 line with constitutional requirements.
“This case is about upholding the rule of law and ensuring that any declaration of the Bahasa Malaysia text as authoritative follows the amendment process under Article 159, obtains the consent of Sabah and Sarawak under Article 161E(2), and respects the supremacy clause in Article 4(1),” he said in a statement on Thursday (Nov 6).
Nazim stressed that the action is not against Bahasa Malaysia as the national language, which is already enshrined under Article 152 of the Constitution.
“It is crucial to reconcile existing discrepancies between the English and Bahasa Malaysia versions before any authoritative declaration is made,” he said.
He said the action comes in response to a separate case filed in the High Court of Malaya in Kuala Lumpur seeking a declaration that the Bahasa Malaysia text is already authoritative.
“We are deeply concerned that bypassing the proper constitutional process could change the meaning of key provisions relating to religion, language, and native rights in Sabah and Sarawak,” he said.
Nazim noted that material differences already exist between the two versions of the Constitution.
“For example, in Article 12(4), the English version requires the consent of both parents in matters concerning a minor’s religion, while the Bahasa Malaysia version could be read to allow only one parent to decide,” he said.
He added that such discrepancies could have far-reaching consequences for citizens’ rights and established legal interpretations if the Bahasa Malaysia version were made authoritative without harmonisation.
Nazim clarified that the legal action is not directed at the Yang di-Pertuan Agong, nor is it meant to question His Majesty’s prerogatives under Article 160B.
“On the contrary, this case ensures His Majesty is not placed in a position where a prescription made under Article 160B could later be challenged as unconstitutional.
“This is about preserving the supremacy of the Federal Constitution, the proper amendment process under Article 159, and the safeguards under Article 161E and MA63.
“Our goal is to protect, not diminish, the constitutional role and dignity of the Yang di-Pertuan Agong,” he said.
Nazim said SLS fully supports efforts to harmonise both language versions of the Constitution but stressed that this must be done through a transparent and accountable process.
“The process must involve identifying and reconciling all material differences, informing Parliament and the public, and obtaining the necessary consent of Sabah and Sarawak where required,” he said.
He said the legal team handling the case 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, and the protection of the rule of law,” he said.
