SARAWAK has agreed to tomorrow’s relocation of the high court registrar from Kuching to Kota Kinabalu after some last-minute negotiations.

It has been agreed that the registry’s location is rotated between the two cities every 10 years.

Sarawak Chief Minister Abang Johari Openg last night said the deal was a compromise to address the state’s resistance to a permanent relocation to Kota Kinabalu in Sabah.

He said the chief registrar of the Federal Court and senior members of the judiciary met him on Tuesday over the relocation decision.

He reiterated his opposition to the relocation that was first mooted in May.

Abang Johari, with the support of the state legislature and legal fraternity, objected to the move in May as he said he was not consulted as required by law.

“We (the state government) registered our views. We said why not continue in Sarawak?”

The registry has been in Kuching since the formation of Malaysia, a significance not lost among the state’s legal fraternity.

The registry’s principal function is in the administration and management of all matters relating to the judiciary and courts in the two states.

Meanwhile, PKR’s Batu Lintang assemblyman See Chee How yesterday tabled a private member’s motion seeking urgent leave to adjourn the assembly sitting to discuss the relocation.

See, a lawyer, was attempting to seek from the legislature a reaffirmation of their April 30 decision against the relocation “to protect the sanctity of the federal constitution and to safeguard the inviolable constitutional rights of Sarawak”.

Speaker Mohd Asfia Awang Nassar however, rejected “with regret” the motion as it failed to comply with the time requirement.

Asfia said it should have been submitted 24 hours before the commencement of the day’s sitting.

See submitted it by email at 7.25pm on Tuesday.

“As much as I would like it to be debated but because of time constraint (requiring 24 hours), I regret I have to disallow the motion.”

The representatives rallied in support of See with Assistant Minister in the Chief Minister’s Office Abdullah Saidol in a press conference, describing the rejection as “unfortunate”.

Abdullah said Gabungan Parti Sarawak shares the same concern to what See had tabled.

See said he believed the relocation is unconstitutional as the chief minister was again not properly consulted and Putrajaya had bulldozed it through.

Senior lawyer Lim Heng Choo shared the same sentiment.

“I wonder whether there is meaningful and effective consultation under Article 121(4). Can a visit and a short meeting with the chief minister constitute a meaningful and effective consultation when the voices of the legal fraternity have not been heard?

“If the consultation is not meaningful and effective, any decision made shall be invalid.”

Lim said there is a historical and constitutional significance why the high court registry is in Kuching.

“There are no reasons, already being so advanced, why the registry needs to be relocated to Kota Kinabalu?”

State Minister of Tourism, Art, Culture, Youth and Sports Abdul Karim Hamzah said he smelled a whiff of politics in the relocation push.

Karim, who is a lawyer, believes “it is part of a bigger agenda to create rift between Sarawak and Sabah”.

“I’ve always looked at this divide and rule (theory). When Sarawak and Sabah get together, it will not be good for Malaya.

“For all you know, this might be just one of the little agendas to create a rift.” – November 14, 2019.