
By DayakDaily Team
KUCHING, April 15: The restoration of the appropriate proportion of parliamentary representation for Sarawak and Sabah is not merely a matter of political negotiation, but a constitutional obligation that is firmly rooted in the principles and commitments enshrined in the Malaysia Agreement 1963 (MA63) which must be approached with respect and mutual understanding.
Deputy Minister of Law, MA63, and State-Federal Relations Datuk Sharifah Hasidah Sayeed Aman Ghazali said this in a statement in response to Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi’s statement that the proposal to increase parliamentary seats for Sabah and Sarawak remains under discussion, and to the view expressed by Deputy Prime Minister Datuk Seri Fadillah Yusof that legal interpretations of the MA63 should be resolved amicably.
“It is timely to recall that during the formation of Malaysia, Tunku Abdul Rahman, the then Prime Minister of Malaya, acknowledged the aspiration to allocate 40 parliamentary seats to the Borneo Territories with 24 to Sarawak and 16 to Sabah.
“At the time, the Malayan Alliance Government held 77 seats and could amend the law and Constitution at will. However, with the addition of 40 seats from the Borneo Territories, such amendments could not proceed without the full support of the Bornean representatives.
“This allocation was seen as a crucial concession, intended to ensure meaningful representation and constitutional safeguards for the Bornean States within the federation,” she said.
She added that the Inter-Governmental Committee (IGC) Report further reinforced this principle through Paragraph 19(2) which stated that the proportion of seats allocated to Sarawak and North Borneo must not be reduced, underscoring the importance of safeguarding the political weight, constitutional protections, and interests of the Bornean States.
At the time of Malaysia’s formation, she said, the allocation of parliamentary seats was not solely about representation but about preserving constitutional safeguards.
“Collectively, Sarawak, Sabah, and Singapore were allocated 35 per cent of the seats in the House of Representatives. This structure was deliberate, intended to prevent Malaya from holding a two-thirds majority and thereby averting unilateral amendments to the Federal Constitution.
“This principle of constitutional protection was further enshrined in Clause 66 of the Malaysia Bill which is appended as ‘Annex A’ to the MA63 and subsequently incorporated into Article 161E of the Federal Constitution.
“It explicitly safeguarded the number of seats allocated to the Borneo Territories, thereby ensuring that constitutional amendments which could affect these states would require their consent,” she said.
However, she said, over time, even as Sabah and Sarawak gained additional parliamentary seats, the number of seats for Malaya expanded disproportionately.
She said this eroded the original balance and diminished the constitutional safeguards that were initially established, undermining the spirit of equal partnership envisioned in MA63.
“It is therefore imperative to recognise that restoring the appropriate proportion of parliamentary representation for Sabah and Sarawak is not merely a political aspiration but a constitutional responsibility.
“It is a necessary step in fulfilling the foundational framework of our federation. As we continue to strengthen the bonds of our federation, we must uphold the promises made at its inception.
“Honouring the spirit and intent of MA63 goes beyond numerical representation. It is about justice, mutual respect, and preserving the integrity of our constitutional foundation. Ensuring fair and equitable parliamentary representation for Sabah and Sarawak is vital to maintaining unity, trust, and shared future of our nation.” — DayakDaily