The Sabah Law Society (SLS) has filed a legal challenge to ensure that any government move to designate the Bahasa Melayu version of the Federal Constitution as authoritative complies with constitutional procedures.
In a statement, SLS president Nazim Maduarin said the suit was filed at the Kota Kinabalu High Court.
The society’s legal team is led by its former president Roger Chin.
Nazim said the suit was necessary to ensure that constitutional safeguards introduced for the benefit of Sabah and Sarawak under the constitution and Malaysia Agreement 1963 are adhered to.
“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,” he said.
He also said that any declaration to designate the Malay version of the constitution as authoritative cannot take effect without following the amendment procedures set out in Article 159, and requires the consent of Sabah and Sarawak under Article 161E(2).
The supremacy clause in Article 4(1) of the constitution must also be adhered to, he added.
Nazim explained that the suit was not intended to challenge the status of Bahasa Melayu as the national language, nor is it directed at the king or intended to question the royal prerogatives under Article 160B.
Rather, he said, it is concerned with the constitutional process and the need to reconcile existing discrepancies between the English and Bahasa Melayu texts before any authoritative declaration is made.
It also seeks to ensure that the king is not placed in a position where a prescription made under Article 160B could later be challenged as unconstitutional.
Nazim explained that the action was brought in response to a separate case filed in the Kuala Lumpur High Court seeking a declaration that the Bahasa Melayu 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,” he said.
He cited Article 12(4) as an example, where the English version requires the consent of both parents in matters relating to a minor’s religion, while the Bahasa Melayu 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 Melayu text were made authoritative without proper harmonisation.”
Nazim said SLS supports the harmonisation of both language versions of the constitution but insists that it must be carried out transparently, following due process.
