Debating the amendments in the Dewan Rakyat today, Shafie Apdal (Warisan-Semporna) said this consent is required under Article 161E(2) of the Federal Constitution.
“No amendment shall be made to the constitution without the concurrence of the Yang di-Pertua of Sabah or Sarawak or each of the states of Sabah and Sarawak. That’s in the constitution.
“The constitution is the supreme (law). In Malaysia, it is the constitution that holds supremacy – not the Cabinet, nor the executive.
“So I would like to ask the (home) minister about the consent referenced in Article 161E(2). This is an aspect I want to emphasise so that we adhere to the regulations,” he said.
Shafie cautioned against circumventing laws and neglecting to consult state governments, expressing concern that a similar situation could arise concerning the Malaysia Agreement 1963 (MA63).
“I don’t want, tomorrow, for the federal Cabinet to decide to amend something (under MA63) without consulting the state government.
“This is what I want to raise, regarding this matter, so that we can improve our procedures (of) drafting legislation in Parliament,” he said, adding that his intentions are not politically motivated.
On July 19, home minister Saifuddin Nasution Ismail said the Conference of Rulers had consented to the constitutional amendments to the citizenship law.
The Conference of Rulers is a council comprising the nine rulers of Negeri Sembilan, Selangor, Perlis, Terengganu, Kedah, Kelantan, Pahang, Johor, and Perak, and the governors of Penang, Melaka, Sabah and Sarawak.
The bill, tabled for its first reading in the Dewan Rakyat on March 25, aims to grant citizenship to overseas-born children of Malaysian women and to lower the age limit for citizenship applications by registration from 21 to 18.
However, the proposed amendments have faced criticism from various groups, particularly those from Sabah and Sarawak.
They said a proposal to remove automatic citizenship for children born to Malaysian permanent residents would worsen matters for stateless people in Sabah, and hinder their access to education, health services and employment.
Sabah deputy chief minister Jeffrey Kitingan reportedly said the state should be exempted from the amendments, citing concerns that they could adversely impact rural Sabahans.