8 October 2019 – Pullman Hotel, Kuching
This event was organised by Thomson Reuters Malaysia (Sweet & Maxwell Asia) at Pullman Hotel, Kuching, Sarawak on 8 October 2019 which was well attended by many members of both the judicial and legal fraternity in Sarawak on this important constitutional topic with active Qs & As session during the event. A Keynote Address was delivered by Tan Sri Datuk Seri Panglima David Wong Dak Wah, Chief Judge of Sabah and Sarawak.
During the lecture, the respected constitution expert Emeritus Professor Datuk Dr Shad Saleem Faruqi pointed out that when Sabah, Sarawak and Singapore joined hands with Malaya to re-constitute the Federation of Malaya into the much larger and more diverse Federation of Malaysia, the significantly amended Federal Constitution granted them a number of iron-clad guarantees of their autonomy and special position. Sabah and Sarawak contribute huge territories and massive resources to the Federation. Their combined area is 198,069 sq km, exceeding Peninsular Malaysia’s 131,681 sq km. The coastline of the two States is 2,607 km compared to the Peninsula’s 2,068 km.
He observed that though the IGC Report 1963 and the Malaysia Agreement 1963 were not fully implemented in the Malaysia Act and the Federal Constitution, their sanctity and quasi-constitutional status have been reiterated by our courts in several cases. The Malaysia Agreement 1963 was not a mere domestic agreement but an international treaty giving international law basis to the guarantees for Sabah and Sarawak.
On the political representation in Parliament, Professor Dr Shad said ideally, a State’s representation in the elected House should be proportionate to the State’s population. Currently, Sabah has 25 MPs and Sarawak has 31 MPs making up the total of 56 MPs out of 222 MPs (which means 50% of the 112 MPs needed for a working majority or 25.2% of the MPs in the Dewan Rakyat). It was said that the present 25.2% representation is lesser than the 33% envisaged for Sabah, Sarawak and Singapore in 1963 in order to give these States protection against amendments requiring a two-thirds majority.
In conclusion, he advised that there is a need to strengthen institutional mechanisms for regular, non-partisan dialogue between the federal government and Sabah and Sarawak so that the inevitable tensions that are inherent in a federal set-up can be resolved with the least friction. We need to recapture the spirit of accommodation, moderation and compassion that animated the leaders of the Malaysia Agreement in 1963. The federal government and West Malaysians must re-dedicate themselves to the pacts of the past.
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