By Shikin Louis
KUCHING, March 11: The Federal government is scrutinising the proposed amendment to the Federal Constitution to institutionalise the practice of seeking the consent of Sabah and Sarawak governors in the appointment of Judicial Commissioners (JCs).
Deputy Prime Minister Dato Sri Fadillah Yusof said the appointment of JCs is one of the basic Malaysia Agreement 1963 (MA63) matters discussed by the MA63 Implementation Action Council (MTPMA63) chaired by the Prime Minister Dato Seri Anwar Ibrahim and Technical Committee under MTPMA63 chaired by Fadillah.
This is in relation to Article 122AB, which provides that for the despatch of business of the High Court in Malaya and the High Court in Sabah and Sarawak, the Yang di-Pertuan Agong acting on the advice of the Prime Minister, after consulting the Chief Justice of the Federal Court, may by order appoint a judicial commissioner.
“However, the appointment process currently practised includes reference and approval from Yang di-Pertua Negeri (Governor) before the appointment is carried out.
“The proposed amendment to the Federal Constitution to institutionalise the practice is currently under discussion and scrutiny by the government.
“This MA63 matter will continue to be monitored by the Technical Committee under MTPMA63 until a satisfactory solution to all parties involved has been reached,” he said during the debate on the Royal Address in Dewan Rakyat broadcast live by Malaysian Parliament on Youtube today.
Article 122AB of the Constitution, which was passed in 1994 without the consent of the respective State governments of Sabah and Sarawak, contravened Article 161E(2)(b) of the Federal Constitution.
Article 161E(2)(b) provides that no amendment to the Federal Constitution may be made without the concurrence of the Yang di-Pertua Negeri of Sarawak and Sabah, where such amendment affects the constitution and jurisdiction of the High Court in Sarawak and Sarawak and the appointment, removal, and suspension of judges in the courts of Sarawak and Sabah.
Meanwhile, Fadillah, who is the Minister of Energy Transition and Public Utilities, disclosed that MA63 negotiations on ten matters have been resolved so far.
They are the handover of power to regulate liquified petroleum gas (LPG) to Sarawak government; handover of administrative authority over Pulau Sipadan and Pulau Ligitan to the Sabah government; amendments to the Articles 1(2) and 160(2) of the Federal Constitution; granting authority over licensing and deep-sea fishing to the Sabah and Sarawak governments; recognition of the Public Works Department (JKR) and the Department of Drainage and Irrigation (DID) of the states of Sabah and Sarawak as technical departments under Treasury Directive 182 (AP182); amendment of the Inland Revenue Board (LHDN) Act 1995 to appoint representatives of the state governments of Sabah and Sarawak as permanent members of the board; handing over of the power to regulate gas supply in Sabah; the administration of the judiciary in Sabah and Sarawak; provision of guidelines for the retransfer of land reserved for the Federation in the states of Sabah and Sarawak; as well as the handover of electricity regulatory powers to the Sabah government.
He also said one basic demand involving a review of the special grant for the states of Sabah and Sarawak under Article 112D (RM300mil) has been partially or interim resolved, while three demands have had policy decisions involving empowerment over environment, labour in Sabah and Sarawak, and the appointment of a Judicial Commissioner (amendment to the Federal Constitution).
Another 15 demands currently being discussed are oil royalty and cash payments for petroleum; oil minerals and oil fields; the Territorial Sea Act 2012 [Act 750]; State rights over continental shelves; Federal financial obligations under List III, Shared List, Ninth Schedule of Federal Constitution; Stamp duty charged on instruments of transfer, charge, lease of land under the Sabah Land Ordinance (Chapter 68) and the Sarawak Land Code (Chapter 81); increase in Sabah and Sarawak public service posts under Article 112 of Federal Constitution; Borneonisation of the Federal public service in Sabah and Sarawak; Sabah-Sarawak-Kalimantan Border Development; increase in the number of members of Dewan Rakyat from Sabah and Sarawak; proposed amendment to Article 95B of the Federal Constitution regarding modifications for the States of Sabah and Sarawak regarding the division of legislative powers; proposed amendment of item 25A (Tourism) in List I (Federal), Ninth Schedule of Federal Constitution to List III (Joint), Ninth Schedule of Federal Constitution; health issues; education issues; and the change of Bintulu Port status from Federal Port to State Port.
“The federal government is committed to expediting the resolution of all claims regarding MA63; however, the time frame for resolving each matter/claim is subject to the relevant legal process.
“In addition, the level of readiness of the Sabah and Sarawak governments from the point of view of operations, human resources, and finance is also an aspect that needs to be taken into account before a basic MA63 matter/claim can be resolved,” he added. — DayakDaily
