THE Gabungan Parti Sarawak-controlled state assembly pushed through an amendment of the state constitution to change the designation of “chief minister” to “premier” as the opposition warned that it could be unconstitutional.

The number supporting the amendment was 67 while six opposition members voted against it.

Earlier in the debate, opposition Parti Sarawak Bersatu assemblyman for Ba Kelalan, Baru Bian, said by amending the term “chief minister” to “premier” without a concurrent amendment in the Federal Constitution, it could “destroy the basic structure of the Federal Constitution, as it would render certain provisions meaningless and create confusion”.

Baru, a senior lawyer in the Sarawak bar, said the amendment tabled by Tourism, Creative Industry and Performing Arts Minister Abdul Karim Hamzah could be “inconsistent” with Article 4 of the Federal Constitution.

“It’s a constitutional question. It appears to me, in all probability, yes.”

Baru even went on to say that the “deeming provision” in the proposed amendment bill would not be held to be applicable to the Federal Constitution if challenged in a court of law.

“Such unilateral amendment would create ambiguities, and the government should exercise caution in this matter,” he said in reference to Article 160 of the Federal Constitution. 

He said in Article 160, “chief minister” and “menteri besar” both mean the president, by whatever style known, of the executive Council in a State.

Chong Chieng Jen, in his debate, said the amendment is a “syiok sendiri” move as the change does not give the premier any extra powers.

The Sarawak DAP chief said the state government should push an amendment to Schedule 9 of the Federal Constitution. 

Schedule 9 refers to the list of powers conferred to the federal government and the states.

Karim in tabling the bill told the assembly that recent amendments to the Federal Constitution restores Sarawak’s position as one of the three regions and “is to be regarded not with the same status as the other component states” in the Federation of Malaya. 

He said the special status needs to be reflected in a manner different from other states in the federation. – February 15, 2022.