KUALA LUMPUR – Datuk Seri Mohd Shafie Apdal (Semporna-Warisan) has called for more substantial engagement with Sabah and Sarawak over constitutional amendments, urging the federal government to go beyond merely obtaining the approval of the state governors in compliance with constitutional requirements.
His comments followed Home Minister Datuk Seri Saifuddin Nasution Ismail’s winding-up speech on amendments regarding citizenship, where he confirmed that the federal government had received the necessary assent from the governments of Sabah and Sarawak on the matter, in accordance with Article 161E(2) of the federal constitution.
The article specifies that no constitutional amendments can be made without the agreement of the governors or governments of both states, especially in matters such as citizenship.
“I hope that in future, we can closely examine Article 161E(2) of the Constitution, which requires the consent of both Sabah and Sarawak. Additionally, when considering the role of the Yang di-Pertua Negeri (Governors of Sabah and Sarawak), it should be noted that their powers should be exercised in practice, not merely by convention. For example, if a bill is presented, the King cannot sign it without it being debated in Parliament.
“The Supreme Court regulates existing laws, which are then discussed and deliberated before being brought to the King or the Conference of Rulers. This is crucial because I do not want to see future issues arising from a failure to follow constitutional processes, particularly concerning Article 161,” said Shafie in the Dewan Rakyat today.
The Constitution (Amendment) Bill 2024 received overwhelming support from both sides of the aisle, securing approval in the Dewan Rakyat today with 206 votes, thereby achieving the required two-thirds majority.
Dewan Rakyat Speaker Datuk Johari Abdul reported that only one MP voted against the bill, while 14 were absent. He noted that Wan Ahmad Fayhsal (Machang – PN) was unable to cast his vote due to suspension.
Among others, the bill aims to amend Part II of the Second Schedule of the Federal Constitution, granting Malaysian mothers with foreign spouses the automatic right to confer citizenship on their children born abroad.
Earlier, Shafie emphasised the importance of proper legislative processes and expressed hope that the committees formed at both the Sabah and Sarawak state levels would resolve longstanding issues.
Addressing the ongoing problem of statelessness in Sabah, Shafie urged the federal government to align its actions with the recommendations of the state government.
“The minister (Saifuddin) spoke about Sabah and the long-standing issue concerning the stateless people of the ‘Palau’—the sea nomads. I hope that the criteria and methods established by the Sabah state government, to which we are accountable, will align with the minister’s recommendations.
“The IMM13 case, resulting from the civil war in the Philippines and the policies implemented by the state government at that time, raises important questions about whether these individuals are native inhabitants or not.
“It is essential that we scrutinise this process, especially for locally-born children. During my visits to Keningau and other local areas, I encountered native children—whether Dusun or Murut—who lacked documentation, often due to issues related to their parents’ marriages.
“This issue also affects the east coast region. We must carefully consider these details in collaboration between the state and federal governments. We do not want those undeserving of priority to receive it, while those who are rightfully entitled are overlooked.
“In my constituency alone, five families faced this issue; four received approval, but one was denied. Why? The National Registration Department must provide answers. These individuals need access to universities and hospitals, so this matter must be handled properly,” Shafie added. – October 17, 2024