KUCHING: The successful amendment of the Federal Constitution in December 2021, during the tenure of the Yang di-Pertua Negeri Sarawak, Tun Pehin Sri Dr Wan Junaidi Tuanku Jaafar, as the Minister in the Prime Minister’s Department (Parliament and Law), was aimed at securing constitutional recognition for the Malaysia Act 1963 (MA63) following the gazettement of the Constitutional Amendment 2021 on February 11, 2022.
Consequently, all rights and claims of Sarawak and Sabah became part of the Federal Constitution of Malaysia and cannot be denied by any party, including the Federal Government.
This move was taken to correct oversights in the Constitution that had persisted for nearly sixty years since 1963.
The recognition simultaneously strengthens the position of Sarawak and Sabah in asserting their rights under MA63.
Wan Junaidi played a pivotal role in drafting, introducing, and addressing any issues raised in order to secure approval from all stakeholders regarding the Constitutional Amendment Bill 2021, including both governmental and non-governmental parties, and was subsequently tasked with tabling the Bill.
He officially tabled the Constitutional Amendment Bill in the Dewan Rakyat, which aimed to strengthen the status of Sabah and Sarawak within the Persekutuan Malaysia, in accordance with the explicit and implicit terms in MA63.
In a special interview with Sarawak Tribune, Wan Junaidi reflected on his efforts, where he successfully ensured that the Cabinet agreed to and approved the memorandum regarding the amendment.
“Despite the many questions and objections raised, I ensured that the Cabinet agreed to and approved the memorandum on the amendment, even when further clarification was needed from the Attorney General as the Government’s legal adviser,” he reminisced.
This effort reflected his commitment to securing full support for the proposed constitutional amendments before presenting them in Parliament.
At the same time, Wan Junaidi personally conducted no fewer than 27 engagement sessions with Members of Parliament (MPs), NGOs, SCIO, and Members of the State Legislative Assemblies of Sarawak and Sabah from both the government and the opposition, in order to obtain the agreement of the Bornean states and the necessary support from Members of Parliament.
“I personally held no fewer than 27 engagement sessions with Members of Parliament, NGOs, SCIO, and members of the State Legislative Assemblies of Sarawak and Sabah, from both government and opposition.
“It was important to secure the agreement of the Bornean states and the necessary support from Members of Parliament.
“This was crucial, as any amendment to the Constitution requires a two-thirds majority of all Members in the Dewan Rakyat and Dewan Negara.
“From the beginning, I consistently clarified that the purpose of the amendment was to ensure that the ‘Perjanjian Malaysia 1963’ would receive proper constitutional recognition, in line with the spirit of 1963,” he said.
Wan Junaidi emphasised that the amendment had a profound impact on reinforcing Sarawak and Sabah’s constitutional rights under MA63, and was widely acknowledged, including by the Prime Minister, as a historic correction that came into effect on February 11, 2022.
“This amendment has a significant impact not only on the Federal Government but also on Sarawak and Sabah in asserting the rights enshrined under the Malaysia Agreement 1963.
“Its successful passage was recognised by many, including the Prime Minister, as one of the most important contributions toward restoring the constitutional position of Sarawak and Sabah within Malaysia.
“The amendment received royal assent from the Yang di-Pertuan Agong in early February 2022 and came into effect on 11 February 2022, following its gazettement,” he said.
In addition, Wan Junaidi also successfully implemented amendments to the anti-party hopping law.
Furthermore, he insisted that the provisions be embedded directly into the Constitution rather than enacted through an ordinary Act, so that they could not be easily amended by a simple majority in Parliament.
“The amendment was made in accordance with Article 159(3) of the Federal Constitution, which stipulates that any constitutional amendment must secure the support of two-thirds of the members of both the Dewan Rakyat and Dewan Negara,” he said.
Wan Junaidi also succeeded in amending Article 161A of the Federal Constitution, restoring the authority to determine “anak negeri” (native) status to the Sarawak Government.
“The amendment to Article 161A of the Federal Constitution restored the authority of the Sarawak Government to determine ‘anak negeri’ status, thereby empowering the state to recognise Bumiputera status for children of mixed marriages between Bumiputera and non-Bumiputera in Sarawak.
“This step is significant in upholding local sovereignty over issues of rights and the identity of indigenous communities,” he said.
In addition to these three major amendments, Tun Wan Junaidi also played a key role in reviving the Parliamentary Services Act, which had been repealed in 1992.
This initiative was part of broader efforts to empower the institution of Parliament and restore the administrative independence of the country’s legislative body.
