[UPDATED] Govt U-turns, eyes tabling MA63 amendments on Oct 26

KUALA LUMPUR – Putrajaya has made a U-turn and plans to proceed with tabling the amendment bill on several provisions in the federal constitution concerning the Malaysia Agreement 1963 (MA63) in Parliament on October 26.

However, Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar said the second reading on the bill will be rescheduled to another date from the initial plan of October 28.

Wan Junaidi in a statement today said it is to allow the attorney-general (AG) to further explain the proposed amendments to the cabinet members.

Although the cabinet has, in principle, agreed on and approved the memorandum on the bill, the Santubong lawmaker said there are several members who seek further clarification on the proposed amendments.

“To address their queries, the cabinet has agreed to ask the AG to attend the upcoming cabinet meeting on October 29 to explain the amendments.

“Once the cabinet is fully satisfied with the explanation, only then we will be able to fix a new date for the second reading on the bill in Parliament,” he said.

Yesterday, Wan Junaidi said the tabling of constitutional amendments pertaining to MA63 will be delayed until the Attorney-General’s Chambers provides clarifications on certain issues.

Online portal Free Malaysia Today reported Wan Junaidi as saying two ministers have requested further explanations on the matter during discussions at the latest cabinet meetings.

Warisan president Datuk Seri Mohd Shafie Apdal replied that putting the bill on hold is a big let-down – especially for the people of Sabah and Sarawak – adding that East Malaysians have been anticipating the bill.

On Monday, the Special Council on MA63 – chaired by Prime Minister Datuk Seri Ismail Sabri Yaakob – agreed to the proposal brought forward by Wan Junaidi to redefine some provisions in the constitution within the context of MA63.

The proposed amendment of Article 1(2) by the minister is to restore the article to its original arrangement, as it appeared in the constitution of 1963.

In the proposed amendment, states of the federation will then be defined as the states of Malaya (namely, states in Peninsular Malaysia) and the Bornean states (namely, Sabah and Sarawak).

Wan Junaidi is also proposing for the amendment of Article 160(2) to include “Malaysia Day” in the constitution, aside from amending the interpretation of the word “federation” to complement the amendment of Article 1(2). 

“Restoring Article 1(2) to its original arrangement is not enough, and it must be complemented with the amendment of Article 160(2) in order to give MA63 due recognition in the constitution.

“These are among the low-hanging fruits we are focusing on right now, in line with our 100-day KPI (key performance indicator),” the Parti Pesaka Bumiputera Bersatu supreme council member said.

In addition, he proposed to include an amendment to the definition of “natives” of Sarawak under Article 161A of the constitution.

“More importantly, the amendment of Article 161A is to give status of a native to the offspring of marriage between a native and non-native in Sarawak. 

“With this amendment, the power to decide which races in Sarawak shall be recognised as indigenous shall be determined by the state, through state laws.” 

Previously, the Pakatan Harapan (PH) presidential council pledged parliamentary support towards the constitutional amendments, allowing the government to obtain a two-thirds majority.

PH said it will put politics in the backseat, given that the MA63 constitutional amendments form part of the memorandum of understanding between the opposition coalition and the government. – The Vibes, October 23, 2021