Sharifah Hasidah: Increasing parliamentary seats for Borneo states constitutional obligation, promises made at M’sia’s inception must be upheld - Borneo Post Online (2025)

KUCHING (April 15): The proposal to increase parliamentary seats for Sabah and Sarawak is not merely a matter of political negotiation but a constitutional obligation, firmly rooted in the principles and commitments enshrined in the Malaysia Agreement 1963 (MA63), said Datuk Sharifah Hasidah Sayeed Aman Ghazali.

The Deputy Minister in the Premier’s Department (Law, MA63 and State-Federal Relations) said the negotiations must be approached with due respect and mutual understanding.

She said this in a statement in response to Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi saying the proposal to increase parliamentary seats for Sabah and Sarawak remains under discussion and Deputy Prime Minister Datuk Seri Fadillah Yusof saying legal interpretations of the MA63 should be resolved amicably when welcoming the continuation of constructive dialogue on this important issue.

“It is a necessary step in fulfilling the foundational framework of our federation. As we continue to strengthen the bonds of our federation, we must uphold the promises made at its inception,” she said, stressing that honouring the spirit and intent of MA63 goes beyond numerical representation.

“It is about justice, mutual respect, and preserving the integrity of our constitutional foundation. Ensuring fair and equitable parliamentary representation for Sabah and Sarawak is vital to maintaining unity, trust, and the shared future of our nation.”

Sharifah Hasidah said it is timely to recall that during the formation of Malaysia, Tunku Abdul Rahman, then prime minister of Malaya, acknowledged the aspiration to allocate 40 parliamentary seats to the Borneo Territories – 24 to Sarawak and 16 to Sabah.

She pointed out this allocation was significant as at that time, the Malayan Alliance Government held 77 seats in the House of Representatives and could amend the law and Constitution at will.

However, with the addition of 40 seats from the Borneo Territories, such amendments could not proceed without the full support of the Bornean representatives, she said.

According to her, this allocation was seen as a crucial concession, intended to ensure meaningful representation and constitutional safeguards for the Bornean states within the federation.

The Inter-Governmental Committee (IGC) Report further reinforced this principle where Paragraph 19(2) explicitly states that the proportion of seats allocated to Sarawak and North Borneo must not be reduced, underscoring the importance of safeguarding the political weight, constitutional protections, and interests of the Bornean states, she said.

“At the time of Malaysia’s formation, the allocation of parliamentary seats was not solely about representation, but it was intrinsically linked to preserving constitutional safeguards. Collectively, Sarawak, Sabah, and Singapore were allocated 35 per cent of the seats in the House of Representatives,” she said.

She explained that this structure was deliberate, intended to prevent Malaya from holding a two-thirds majority and thereby averting unilateral amendments to the Federal Constitution.

This principle of constitutional protection was further enshrined in Clause 66 of the Malaysia Bill, which is appended as “Annex A” to the Malaysia Agreement 1963 and subsequently incorporated into Article 161 E of the Federal Constitution, she said.

It explicitly safeguarded the number of seats allocated to the Borneo Territories (24 for Sarawak and 16 for Sabah), thereby ensuring that constitutional amendments which could affect these states would require their consent.

However, over time, she said although Sabah and Sarawak gained additional parliamentary seats, the number of seats for Malaya expanded disproportionately, thereby eroding the original balance and diminishing constitutional safeguards that were initially established.

Sharifah Hasidah said this imbalance undermines the spirit of equal partnership envisioned under MA63.

“It is therefore imperative to recognise that restoring the appropriate proportion of parliamentary representation for Sabah and Sarawak is not merely a political aspiration but a constitutional responsibility,” she added.