KUALA LUMPUR, Jan 13 — The courts in Malaysia could potentially have a constitutional crisis on their hands if the Malay or Bahasa Malaysia (BM) translation of the Federal...
KUALA LUMPUR, Jan 13 — The courts in Malaysia could potentially have a constitutional crisis on their hands if the Malay or Bahasa Malaysia translation of the Federal Constitution is made the authoritative text to override the original text in the English language, the professional body representing lawyers in Sarawak said today.
“Nonetheless, in order to avoid any ambiguity, the association associates itself with the position that such proposals should not be made,” he said in voicing out disagreement on the proposal. “The current format of the Federal Constitution has been tried and tested in the Courts of Law, where there are landmark cases decided mainly upon the interpretation of singular words.
“There is a foreseeable situation that the courts in Malaysia will be flooded with considerable constitutional crises over such plans,” he added. “We take solace upon the position that the Federal Constitution cannot be amended in such a manner as proposed by the attorney general in view of Article 161 of the Federal Constitution which requires the consent of Sabah and Sarawak before such amendments are made to the Federal Constitution.
On Monday, AG Tan Sri Idrus Harun announced plans to propose for the Malay translation of the Federal Constitution to be made the authoritative version — under Article 160B — which will override the original English text if there are any conflicts or discrepancies between the two texts, but said this is subject to the Yang di-Pertuan Agong’s approval. He made the announcement at the Opening of Legal Year 2023 held at Putrajaya International Convention Centre.
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