ENGLISH is Sarawak’s second official language and used in key institutions, like the courts and state legislative assembly, because the state never endorsed the National Language Act 1963/1967, said the chief minister last night.

Abang Johari Openg said the state government never hindered the use of English over Bahasa Malaysia as it is line with the state’s position to “assert the rights of Sarawakians provided for in the Inter-Government Committee Report 1962, Malaysia Agreement 1963 (MA63) and safeguards in the federal constitution”.

The federal government should respect and uphold such rights, he said.

Abang Johari’s predecessor, Adenan Satem, made English the state’s second official language in November 2015, paving the way for all official correspondence within the state government, as well as between the administration and the public, to be in English.

The National Language Act makes Bahasa Malaysia the national language, but Section 1(2) of the act states that it comes into force in Sabah and Sarawak only upon the endorsement of the respective legislative assemblies.

Abang Johari, who attended the Advocates Association of Sarawak’s (AAS) Kuching branch’s annual dinner, said the act “has not been endorsed by the Sarawak government, and is, therefore, not in force in the state”.

“The use of the English language in proceedings in the High Court of Sabah and Sarawak is recognised and safeguarded in Article 161(2)(b) of the federal constitution.”

He said AAS supports the state government’s position on the use of English in Sarawak, and affirms the constitutional right of Sarawakians to use English in state courts.

Abang Johari also reiterated that the composition of the special cabinet committee on MA63 is lopsided, and “does not reflect the position of Sabah and Sarawak as equal partners in the federation”.

He said it is only appropriate that the model for discussions be based on the Inter-Governmental Committee because Sarawak and Sabah are recognised as equal partners in the formation of Malaysia.

“Therefore, members of the committee must be in equal number, for Sabah, Sarawak and the federal government.”

Abang Johari said he has registered his concern about the matter.

“I hope that they will respond, and we will deliberate in a friendly manner.”

Of the 16 members of the committee, announced by de facto law minister Liew Vui Keong earlier this month, nine are from the peninsula.

The seven from Sabah and Sarawak are Abang Johari, Sabah Chief Minister Mohd Shafie Apdal, Works Minister Baru Bian (Sarawak), International Trade and Industry Minister Darell Leiking (Sabah), Sabah Attorney-General Zaleha Rose Pandin, Sarawak Attorney-General Talat Mahmood Abdul Rashid, and Chief Judge of Sabah and Sarawak David Wong Dak Wah (Sabah).

Abang Johari last night insisted that Article 112(C) and (D) of the federal constitution, on the review of special grants to Sabah and Sarawak, be brought up for discussion.

“Article 112(D) provides that a review of special grants to Sabah and Sarawak be carried out in 1969 and the ensuing five years.

“The review has not been carried out since then. It is high time for us to look at this provision.

“This is why I propose that besides debating Article 1(2), which downgrades Sabah and Sarawak’s equal partner status, Article 112(D) should also be discussed because it is part and parcel of our talks with the federal government, and also the rights of Sarawak.”

He said if the financial provisions in the Inter-Governmental Committee Report and federal constitution were adhered to, “the state government would have sufficient revenue, and be in a better position to implement and achieve its policy on autonomy over education, housing, public health and other subject matters, as set out in the federal constitution, for the interest and welfare of the people of Sarawak”. – October 27, 2018.