THE Malaysian education system has failed to teach the public about the constitution, said Chief Judge of Sabah and Sarawak David Wong Dak Wah, leading to failure to understand the concept of separation of powers.

The constitution, he said, lays the framework for the separation of powers between the three branches of government.

“We are not into politics but fact is a fact: Sabah and Sarawak formed Malaysia,” he told a law conference participated by the civil service, MPs and state lawmakers in Kota Kinabalu today.

“We can’t get away from that. We didn’t join. I don’t want to go into (politics), I am probably on thin ice here, but that is a fact and it is everyone’s duty to ensure that it is known to the public at large,” said the 65-year-old Sabahah.

The chief judge was speaking in the stead of Chief Justice Richard Malanjum, who was unable to attend because of health reasons.

The lack of education both in rural and city schools led to Malaysians who were ignorant on the constitution and the three branches of the government, namely the executive, legislature, and judiciary, he said.

“There is a lack of knowledge. I have a friend who is a chartered accountant. He once said to me, ‘eh you are going to be a judge, I suppose you are getting the orders from the executive’.

“People ought to know that the three branches are independent. The judiciary takes no orders from anybody. We only implement the law. This is not new. This is the practice in England and Australia.

“When people make judgments or criticism, they should make in a constructive way, not on the way where they are not aware of the separation of powers.”

The conference involves a series of briefings by officers from the government departments and the judiciary for lawmakers.

Topics range from identity card registration to child adoption, immigration and nationality.

Wong also spoke on the use of a mobile court, following a similar programme in the Philippines, to ensure “access to justice” by residents in the interior.

He said Sabah was the only state with a late-registration programme, under Section 22 of the Registration of Births and Deaths Ordinance, where natives without proper identity papers are allowed to register with the National Registration Department.

“It is nothing political. It is something that chief judge felt we must enfranchise these people, they have a constitutional right to school as well,” Wong said.

“This legislation is the only legislation in the whole of Malaysia. 

“The NRD conducts their inquiry as to who is entitled (to an) IC (identity cards) because of our porous borders, this is to ensure that people are not entitled to be citizens.” – November 16, 2018.