THE 1994 constitutional amendment that stripped Sabah and Sarawak's Governors of their power to appoint High Court judges must be rectified and reinstated, said Tuaran MP Datuk Seri Wilfred Madius Tangau.
Madius said the amendment to Article 122AA of the Federal Constitution was made without the consent of the two Borneo states and therefore, violated the Malaysia Agreement 1963 (MA63) and the Inter-Governmental Committee (IGC) Report.
“According to the IGC and MA63, any amendment to the Federal Constitution concerning Sabah and Sarawak must receive the consent of both Borneo state governments.
“However, the Federal Government at that time amended the provision without obtaining consent from Sabah and Sarawak.
“Because of this, the status of the amendment remains unresolved as it does not comply with MA63, particularly the IGC report,” he told the Dewan Rakyat.
The 1994 amendment removed the power of Sabah and Sarawak Governors to appoint High Court judges, centralising the authority under the Federal Government.
Madius recalled that when he previously questioned the status of the amendment in Parliament, the former law minister—now the Sarawak Governor—suggested taking the matter to court.
“In Tuaran, every mistake made in this august House should be corrected within this House itself and not referred to the courts.
“Therefore, just as the Constitution (Amendment) Bill 2025 seeks to restore the original Parliamentary Services Act, Article 122AA should also be reinstated, allowing the Sabah and Sarawak Governors to once again appoint High Court judges,” he said.
Madius urged bipartisan support for the amendment, emphasizing that it would enable the reinstatement of the 1963 Parliamentary Services Act, which was repealed in 1992.
“We must correct past mistakes and return to the original provisions. Congratulations to the Madani Government and the Unity Government for taking this step.
“However, this august House must be reminded that the constitutional amendments made in 1992 must not be repeated by future generations.
“I also propose that the Madani Government intensify efforts through high-impact programmes to raise public awareness about the Federal Constitution’s provisions,” he added. - March 6, 2025
