Uphold Constitution, safeguard MA63 rights, TYT reminds leaders

SIBU (Aug 30): The Federal and State constitutions must remain the cornerstone of governance in Malaysia, said Yang di-Pertua Negeri Tun Pehin Sri Dr Wan Junaidi Tuanku Jaafar.

Delivering his Statesman Lecture at Universiti Teknologi Sarawak (UTS) today, he reminded leaders and civil servants that every government policy, law and action must be firmly grounded in constitutional provisions.

“The many failures of government policies stem from our failure to understand the law and the history behind the creation of that law. Each and every government officer is responsible to enforce or propose policies within this framework,” he said.

Wan Junaidi explained that unlike the United Kingdom, where Parliament is supreme under the Westminster system, Malaysia upholds the supremacy of the Constitution.

“In Britain, Parliament can pass any law, even one that seems unjust, and it would still be valid. But in Malaysia, it is the Constitution that is supreme – both the Federal Constitution and the State Constitution,” he said, citing Articles 74 to 77 of the Federal Constitution which outline federal, state and concurrent legislative lists.

He highlighted Article 77 as particularly significant, as it favours the states.

“Any matter not listed in the federal, state or concurrent lists belongs to the state, only the state can make laws on those matters. This is why understanding the Constitution is crucial,” he said.

Wan Junaidi reminded that all executive authority in Sarawak is vested in the Yang di-Pertua Negeri, but must be exercised on the advice of the State Cabinet.

The Premier and ministers, he added, derive their authority through this process.

“We must be very clear about the source of power, and how it legitimises the actions of every official in government. Without this clarity, governance risks becoming arbitrary and policies may fail their true purpose,” he said.

The former Dewan Negara president also urged present and future leaders to study the Federal and State constitutions as well as the Malaysia Agreement 1963 (MA63) to safeguard Sarawak’s rights.

He lamented that Sarawak only began seriously reclaiming its MA63 rights six decades after its signing, attributing the delay to a lack of awareness and study of key constitutional documents, including the Inter-Governmental Committee (IGC) Report.

“The problem was we didn’t read, and thus we didn’t know and understand the treasure that we had. That is why for so long, Sarawak lost out on many rights under MA63,” he said.

He recalled raising such issues in Parliament in the 1990s, only to be sidelined.

However, he praised the late Chief Minister Pehin Sri Adenan Satem and Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg for their decisive efforts to defend Sarawak’s constitutional position.

“The action against Federal must start from the top. That is why the efforts by Tok Nan before, and Premier Abang Jo now, are crucial. They cannot restrain or penalise all of us,” he said.

Wan Junaidi urged leaders to persist in defending MA63 with knowledge, persistence and courage, reminding that constitutional rights are the foundation of Sarawak’s position in Malaysia.

Also present were Wan Junaidi’s wife Toh Puan Datuk Patinggi Fauziah Mohd Sanusi; State Minister of Education, Innovation and Talent Development, Dato Sri Roland Sagah Wee Inn; State Minister of Women, Childhood and Community Wellbeing Development, Dato Sri Fatimah Abdullah; Deputy Minister in the Sarawak Premier’s Department, Datuk Dr Abdul Rahman Junaidi; State Deputy Minister of Education, Innovation and Talent Development, Datuk Dr Annuar Rapaee; and UTS vice-chancellor, Professor Datuk Dr Khairuddin Abdul Hamid.