TUARAN MP Datuk Seri Wilfred Madius Tangau said the call to amend the federal constitution’s Ninth Schedule in view of the Federal Court’s decision in the Nik Elin Zurina Nik Abdul Rashid case must involve all Malaysian states.
Tangau, who is United Progressive Kinabalu Organisation (Upko) honorary president, said this in response to concerns raised by the Malay-Muslims in the peninsula when attending several forums in Kuala Lumpur over the past week.
He noted from these forums that there had been calls to amend the constitution in response to the Federal Court’s decision to declare 16 of 18 provisions in a Kelantan shariah law as unconstitutional and invalid.
The ruling was a result of the petition filed by Nik Elin early last month.
“I must remind every quarter, including the federal government, that the Ninth Schedule is a core part of the federal constitution, which is one of the 12 core documents annexed to the Malaysia Agreement 1963 (MA63),” he said in a statement in Kota Kinabalu today.
He stressed that MA63 is an international treaty.
It was formally entered upon and signed by the UK and Northern Ireland, the Federation of Malaya, North Borneo (Sabah), Sarawak and Singapore.
“Hence, any amendment to the constitution must involve all states, especially Sabah and Sarawak, and the deliberation must be inclusive and not be obstructed by ethno-religious supremacy sentiments and threat of violence,” he said.
The Ninth Schedule delineates the legislative powers between the federal and state governments, allowing the state authorities to pass its own shariah laws.
In the court case, several shariah offences in Kelantan were said to clash with the federal constitution, especially regarding offences already addressed by federal law.
Tangau said the federal constitution is a core component of MA63 and therefore efforts to amend it must include the participation of all states, particularly Sabah and Sarawak.
He added that deliberations on the matter must be inclusive and free from ethno-religious supremacy sentiments and threats of violence.
He proposed for public deliberation on efforts aimed at amending the Ninth Schedule in Sabah and Sarawak.
“As the first mandate holders to protect MA63 representing their respective states, Sabah Chief Minister Datuk Seri Hajiji Noor and Sarawak Premier Tan Sri Abang Johari Openg must stand firm to ensure any amendment to the Ninth Schedule would not be rushed through in a majoritarian manner.
“Majoritarianism undermines the moral basis and territorial integrity of Malaysia, as Sabah (including Labuan) and Sarawak would be subjugated due to our demographic weight,” he said.
Tangau said the Malaysian constitution is the real social contract that binds the country together as it was the basis for negotiation when Sabah and Sarawak merged with the Federation of Malaya in 1963 to form Malaysia.
He also proposed the establishment of a consultative council to prepare for a future Inter-Governmental Committee 2.0 (IGC 2.0) for the formulation of a new constitution, as promised in the MA63 negotiation but never realised.
Tangau urged Malaysians in Sabah and Sarawak to understand the Federal Court’s ruling on the Nik Elin case within the context of MA63, saying disregarding this fact is wrong as the agreement is an international treaty registered with the United Nations. – The Vibes, March 10, 2024
