2021 amendment to the Constitution of Malaysia

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Constitution (Amendment) Act 2022
Coat of arms of Malaysia.svg
Parliament of Malaysia
  • An Act to amend the Federal Constitution.
CitationAct A1642
Territorial extent Malaysia
Passed by Dewan Rakyat
Passed14 December 2021
Passed by Dewan Negara
Passed23 December 2021
Royal assent 19 January 2022
Commenced11 February 2022
Legislative history
First chamber: Dewan Rakyat
Bill titleConstitution (Amendment) Bill 2021
Bill citationD.R 11/2021
Introduced by Wan Junaidi bin Tuanku Jaafar
First reading 3 November 2021
Second reading 14 December 2021
Third reading 14 December 2021
Second chamber: Dewan Negara
Bill titleConstitution (Amendment) Bill 2021
First reading21 December 2021
Second reading23 December 2021
Third reading23 December 2021
Amends
Constitution of Malaysia
Related legislation
Constitution (Amendment) Act 1976
Constitution (Amendment) Bill 2019
Summary
To restore the constitutional status of Sabah and Sarawak according to the Malaysia Agreement.
Status: In force

The Constitution (Amendment) Act 2022 amended the Constitution of Malaysia to restore Sabah and Sarawak as equal partners to Malaya in Malaysia. This was intended to give effect to the Malaysia agreement of 1963 (also referred to as MA63). It was passed unanimously by the Dewan Rakyat (the elected house of the Parliament of Malaysia) on 14 December 2021 and came into effect after receiving royal assent on 11 February 2022. [1] [2] [3] [4] [5]

In 2019, the then Pakatan Harapan federal government had proposed a similar amendment to the Constitution, which would have amended Article 1(2) to restore its 1963 wording defining Sabah and Sarawak as constituent territories of Malaysia. While supported by a majority of MPs, the amendment failed to achieve the 2/3 majority required to pass a constitutional amendment. Two years later after the fall of the Pakatan Harapan government, Prime Minister Ismail Sabri Yaakob announced on 16 September 2021 he was looking into issues relating to Sabah and Sarawak via the Special Council on Malaysia Agreement 1963. As Prime Minister, Ismail chaired the negotiations, joined by the Chief Ministers of Sabah and Sarawak, as well as eight federal ministers. [6]

Subsequently on 19 October 2021, Minister in the Prime Minister's Department (Sabah and Sarawak Affairs) Maximus Ongkili announced a bill to be tabled in the coming Parliament sitting after the Special Council on Malaysia Agreement 1963 agreed to Articles 1(2) and 160(2) of the Federal Constitution to restore Sabah and Sarawak as equal partners to Peninsular Malaysia. The same meeting also saw the council agree to empower both the Sabah and Sarawah governments to issue deep fishing licences as opposed to the federal government currently. [7]

The amendments were eventually tabled by Minister in the Prime Minister's Department (Law and Parliament) Wan Junaidi on 3 November 2021. [8] They consisted of four changes: [9]

The amendments to Article 161A included a repeal of Article 161A(7) which provided for a specific federally-imposed definition of a native of Sarawak. This gave the Sarawak state government autonomy to define who could be considered a native of Sarawak instead. [9] The Dayak Chamber of Commerce and Industry welcomed this amendment in particular, calling it a "dream come true" because it would allow the Sarawak state government to include children of mixed marriages and of native tribes not listed in Article 161A(7) in the definition of a Sarawak native. According to the Chamber, the legal ramifications of the status quo were: "Under the Sarawak Land Code, dealings in native lands, such as transfers, between a native parent and his or her child of mixed marriage are prohibited because the child is not considered a native under the law." [10]

On 14 December 2021, after 6 hours of debate, the proposed amendment was passed in the Dewan Rakyat unanimously with 199 votes in favour, and 21 MPs not voting. [11] On 6 January 2022, Minister Ongkili announced the setting up of a joint technical committee to study Sabah's proposal for increased annual grants in addition to a counteroffer from the Federal Government. [12] Meanwhile, the law came into force on 11 February 2022. [13]

On 15 February 2022, days after the amendments came into force, the Sarawak State Legislative Assembly passed amendments to its state constitution that restyled the state's head of government from Chief Minister to Premier. Sarawak state Minister of Youth, Sports and Entrepreneur Development Dato Sri Abdul Karim Rahman Hamzah who tabled the bill said that the change was intended to reflect Sarawak's status as a province of Malaysia co-equal in status to Malaya and Sabah, in line with the amendments to the federal constitution that had recently come into effect. [9]

See also


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References

  1. ↑ "Dewan Rakyat passes Constitution (Amendment) Bill 2021". The Edge Markets. 14 December 2021. Retrieved 6 January 2022.
  2. ↑ "Official Portal of The Parliament of Malaysia - Bills". www.parlimen.gov.my. Retrieved 6 January 2022.
  3. ↑ Yunus, Arfa (14 December 2021). "Dewan Rakyat approves constitution amendments to empower Sabah, Sarawak". New Straits Times. Retrieved 6 January 2022.
  4. ↑ "MA63 amendments passed". The Star. Retrieved 6 January 2022.
  5. ↑ "MA63: Minister seeks full support on proposed Bill to amend Malaysia's Federal Constitution". www.malaymail.com. 12 December 2021. Retrieved 6 January 2022.
  6. ↑ "MA63: Govt to pay close attention to Sabah, Sarawak matters of interest — PM Ismail Sabri". The Edge. 16 September 2021. Archived from the original on 11 November 2021. Retrieved 11 November 2021.
  7. ↑ Lee, Stephanie (19 October 2021). "Bill to return Sabah, Sarawak to equal constitutional status to be tabled soon, says Ongkili". The Star. Retrieved 11 November 2021.
  8. ↑ Razak, Radzi (3 November 2021). "Govt to table four constitutional amendments to restore Sabah and Sarawak's position". Malay Mail. Retrieved 11 November 2021.
  9. 1 2 3 "MA63 amendments passed". Borneo Post Online. 22 July 2022. Retrieved 28 January 2023.
  10. ↑ Ling, Sharon (16 December 2021). "Constitutional amendment paves way for children of mixed marriages to be recognised as natives, says DCCI". The Star. Retrieved 28 January 2023.
  11. ↑ Zulkifli, Ahmad Mustakim (14 December 2021). "MPs unanimously vote for constitutional amendments to empower Sabah, Sarawak". MalaysiaNow. Retrieved 14 December 2021.
  12. ↑ Lee, Stephanie (6 January 2022). "Sabah's proposal to increase annual grants in MA63 committee meeting to be studied, says Ongkili". The Star. Retrieved 6 January 2022.
  13. ↑ "Admendments [sic] to Federal Constitution come into force on Feb 11, says Wan Junaidi". The Star. 11 February 2022. Retrieved 12 February 2022.
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