A FOOL’S errand.

That aptly describes the move by a new coalition of Malay-Muslim groups to challenge in court the legality of citizenship granted to 1.75 million non-Malays between 1957 and 1970.

Constitutional experts said that while anyone can challenge the legality of citizenship granted to Malaysians, it would be a rare day when courts allow such a large group of individuals to be stateless.

Abdul Aziz Bari said he had never come across a case where courts would make extreme decisions by revoking citizenship, especially when it involved a big number of people.

“You have got something in law that is known as policy decision, meaning that the court will take into account the difficulty that will arise should a certain position in law is taken.

“It means the court will not do something that is illogical, unfair and will create hardship or absurdity,” he told The Malaysian Insight.

He was asked to comment on the move by a newly formed group Barisan Bertindak Melayu Islam (Bertindak), which wants to challenge the legality of the citizenship granted to 1.75 million non-Malays between 1957 and 1970.

The group alleged that a key procedure of taking an oath had not been followed in granting the non-Malays citizenship. Perkasa, Muslim Consumers Association of Malaysia, Muafakat, Yayasan GPMS and Pembela are among members of Bertindak.

Aziz said the the group could take the matter to court but they would be unsuccessful.

“I don’t think the court will interpret the provisions in such a way it deprives a lot of people of their rights,” he said, referring to Part III of the Federal Constitution, which touches on citizenship.

Lawyer Syahredzan Johan in his column for English daily The Star, dated Jan 27, explained that there are essentially two broad types of Malaysian citizens. The first are citizens “by operation of law” and the second comprising those who acquire citizenship through a formal process.

“Those who are citizens ‘by operation of law’ become citizens ‘automatically’ when they are born, without needing a formal process. An example would be those who are born within Malaysia and have at least one Malaysian parent, regardless of race or religion. Most Malaysians are citizens ‘by operation of law’”.

“The second group comprises those who acquire citizenship through a formal process, either registration or naturalisation. They are not born Malaysians. They are citizens of other countries before acquiring Malaysian citizenship,” he said.

Syahredzan said citizens of the first type could not be stripped of their citizenship because of “disloyalty” or “treason” as they could only lose their citizenship if they voluntarily gave it up (if they acquire citizenship in another country or if they exercise a right in another country which is exclusive to citizens of that country).

“For the second type of citizens, they are indeed liable to have their citizenship revoked by the Federal Government if they are proven to be disloyal or for other circumstances.

“It must be emphasised that race or ethnicity has nothing to do with the type of citizen you are,” he added.

On the group’s claims that the recipients of 1.75 million citizenships had bypassed the process of taking an oath, Aziz said Bertindak was barking up the wrong tree.

“It was the government of the day which decided these people should be granted citizenship.

“So the responsibility is on the government not on the recipients. “They thought they might be able to unleash or unravel something but in the end, they are putting their own friend, Najib Razak, in the dock.

“The present government is essentially the continuation of the previous government,” he said.

Bertindak secretariat leader Mohd Khairul Azam Abdul Aziz said the group’s decision to raise the citizenship issue was not a tit-for-tat against non-Muslims for challenging the government’s decision to award permanent resident status to controversial preacher Zakir Naik.

He said the group was taking the matter to court because it was something that was against the constitution.

Perhaps the best view on the move by this coalition of Malay groups was provided by Parti Pribumi Youth chief Syed Saddiq Abdul Rahman.

He said: “It is troubling to witness irresponsible actors attempting to disrupt our nation’s fabric by making a move to strip away the citizenship of fellow Malaysians.

“We have lived with one another as one people for decades. We have eaten together, gone to school together and even fought wars together. Yet these ungrateful Malaysians seek to erase the history of unity which unites us all.” – April 27, 2017.