Wisdom Foundation executive chairperson Wilfred Madius Tangau has called on the Attorney-General’s Chambers (AGC) to adopt democratic and consultative procedures if they wish to initiate the transformation of the Federal Constitution’s authoritative text from English to Bahasa Malaysia.
In a statement today, he warned that if not handled properly, the translation process could lead to a rise of tensions in federal-state relations and threaten basic rights and fundamental liberties.
"We recognise this desire for a change as it is only right, in principle, for the supreme law of our country to be in the national language.
"This enables the majority of Malaysians, with their first language being Bahasa Malaysia, to better understand their rights as enshrined in the Federal Constitution.
"Nevertheless, this proposed change arouses deep concern, especially in Sabah and Sarawak, as the Bahasa Malaysia translation edition has not been presented at Parliament and the assemblies of Sabah and Sarawak, and is yet to be subjected to debate and scrutiny," said Madius in a statement today.
Madius, who is a former science, technology and innovation minister and five-term MP for Tuaran, added that the Malay language is still in the process of developing better legal terms to bear the same nuances and meanings as in English.
"The English language was used officially to create the 1957 Federal Constitution and in the signing of the Malaysia Agreement 1963 (MA63), as the British government was also included in these proceedings.
"It is important to acknowledge that language develops over time; the English language used in that period bears nuances and intentions made specific to that particular context of time.
"Hence, a premature changing of the authoritative text to Bahasa Malaysia would fail to reflect the true intention of the 1957/1963 Federal Constitution and MA63," he added.
Last week, Attorney-General Idrus Harun proposed for the government to make the Bahasa Malaysia edition of the Federal Constitution the authoritative version of the supreme law in Malaysia.
He said this during a speech at the Opening of the Legal Year 2023 at the Putrajaya International Convention Centre.
Commenting on Idrus’ views, Madius said the former should not rely entirely on Article 160B of the Federal Constitution, which provides that if it is translated into the national language and submitted to the king, His Majesty may prescribe such national language text to be authoritative.
"A translation needs to reflect the rights of all Malaysians within the correct context and uphold the original spirit and intended correct nuances as was during the creation of the 1957/1963 Federal Constitution.
"It must also be remembered that it is not just our supreme law that permits references to UK laws if there are gaps or omissions in our statutes.
“There are also other laws, where the English version is still referred to when there are inconsistencies," he said.
Madius added that it would be a grievous mistake to treat this transformative project as a simple translation job of mid-20th century English to modern-day Bahasa Malaysia.
Potential rise in tensions
This process can be seen as a significant constitutional work, bearing similar significance to the creation of the 1957/1963 Federal Constitution, where inaccurate translations would change individual as well as collective constitutional rights, he warned.
"Without proper procedures in place, this procedure may lead to the rise of tension in federal-state relations, upset governmental responsibilities, threaten basic rights and fundamental liberties, and the rule of law.
"Within the purview of the Borneo States, Article 161(3) of the Federal Constitution states that English remains as the language used in the High Court of Sabah and Sarawak unless a change is approved by the state legislature.
"Hence, the act of amending and making Bahasa Malaysia the authoritative text without consent from Sabah and Sarawak can be challenged as being unconstitutional as it goes against the intention and spirit of this provision within the supreme law," said Madius.
He argued that as a major amendment, the responsibility to review the translation of the Federal Constitution should not rest on the AGC alone.
"It is a power and duty to be shared by all the three branches of powers in governance to include the legislature and judiciary at both the federal, state, and regional level," stressed Madius.
He cited that prior to the creation and ratification of the 1957 Federal Constitution, the Reid Commission held 118 conferences and examined 131 memoranda from all walks of life to guide their drafting.
He said that the AGC can replicate this process to create a more holistic approach in the translation of the supreme law of the land, by getting input from the following:
Conference of Rulers
Governors of Sabah and Sarawak
Attorneys-General of Sabah and Sarawak respectively
Malaysian Bar Council
Sabah Law Society (SLS)
Advocates Association of Sarawak (AAS)
State legislative assemblies
Representatives from Malaysia’s law faculties
Field experts and academicians
Civil society organisations (CSOs) and non-governmental organisations (NGOs)
Minority communities
And all relevant stakeholders.
Wisdom Foundation also recommends the following measures to ensure a holistic approach should the proposal from Idrus is given the green light:
Having special Parliamentary and state assembly proceedings to debate the matter
Setting up a Special Select Committee in Parliament to supervise the translation process
Conducting meetings with relevant stakeholders to receive input
Performing physical and/or virtual surveys to receive views from the public. - Mkini
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