The call by four NGOs, which included electoral reform group Bersih, follows Prime Minister Anwar Ibrahim’s announcement on Sept 26 of plans to increase the parliamentary seats in Sabah and Sarawak.
The other three NGOs are Projek Sama, Engage and Tindak.
In a joint statement, the NGOs said that the public deserves to know whether the announcement was in line with the three AGCs’ legal views.
They also called for clarity on what provided the legal basis for the two states to inherit the seats originally held by Singapore after it exited from Malaysia.
“Which clauses of the MA63, Intergovernmental Committee (IGC) Report or the Cobbold Commission report provide the basis for Sabah and Sarawak to claim 35% of Dewan Rakyat seats by inheriting the 9.4% seats held by Singapore after its exit from Malaysia.”
The four NGOs also asked about safeguards in the Federal Constitution which provided Sarawak and Sabah 15.1% and 10.1% parliamentary representation, respectively.
“Are the safeguards in the article still in force after August 1970?,” the NGOs asked, referring to the IGC Report and the Malaysia Act 1963.
The IGC Report states that “the proportion that the number of seats allocated respectively to Sarawak and Sabah bears to the total number of seats in the House should not be reduced (except by reason of the granting of seats to any other new state) during a period of seven years after Malaysia Day.”
While Section 66 (2) (e) of the Malaysia Act 1963 stipulates that “the allocation to the state, in any Parliament summoned to meet before the end of August 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other states which are members of the Federation on Malaysia day, than the quota allocated to the state on that day.”
The NGOs said the lack of clarity on the matter led to unsubstantiated claims being made and smear campaigns against those who disagreed with the one-third representation narrative.
“Some have even accused dissenters of harbouring a ‘colonial mentality’ or acting as proxies for peninsula interests, undermining constructive debate.”
The disclosure of legal interpretations by the three AGCs, therefore, is vital to ensure grounded and civil discussions on MA63 and parliamentary representation for the two states, the NGOs said.
Last year, Sarawak premier Abang Johari Openg was reported as saying that East Malaysia should hold 35% of the parliamentary seats to safeguard against any attempt to cancel MA63 and the rights it promises.