Tuaran MP Wilfred Madius Tangau said Article 161(3) of the Federal Constitution outlined that English remains the language used in the High Court of Sabah and Sarawak unless a change is approved by the respective state legislative assemblies.

“Therefore, amending and making BM the authoritative text without consent from Sabah and Sarawak can be challenged as an unconstitutional act as it goes against the intention and spirit of this provision within the supreme law,” he said in a statement.

The former Upko president said the Attorney-General’s Chambers’ (AGC) proposal had yet to be presented to Parliament or the state assemblies in Sabah and Sarawak to be debated nor scrutinised.

Last Monday, Attorney-General Idrus Harun said the AGC planned to propose that Putrajaya make the BM version of the constitution the authoritative text, subject to the King’s approval.

The proposal was met with support from PAS Youth while some NGOs and an inter-faith council voiced their opposition.

Tangau said making the BM version of the constitution the authoritative text was a major amendment, and that the responsibility for doing so should not fall solely on the AGC.

“It would be a grievous mistake to treat this monumental transformative project as a simple translation job of the mid-twentieth century English language to modern-day BM, handled by limited authorities before it is presented to the Yang di-Pertuan Agong.

“It is a power and duty to be shared by all the three branches of government, including the legislature and judiciary at both the federal, state, and regional levels,” he said.

Tangau, who chairs the Wisdom Foundation, called for a special Parliament and state assembly sittings to debate the proposal, as well as the formation of a special select committee to supervise the translation process.

He also suggested that the AGC hold engagements with stakeholders to get their input and to conduct a public survey on the matter.