THE Court of Appeal will decide on August 5 if the overseas-born children of Malaysian mothers and foreign fathers can receive automatic Malaysian citizenship. 

This was after the court today received additional submissions from the government, which is appealing the High Court’s decision granting such children the automatic right to citizenship through their Malaysian mothers. 

Family Frontiers president Suriani Kempe, one of six litigants against the government, announced the August 5 date for the appellate court’s decision in a press conference after online proceedings today. 

“All six mothers who are applicants have received citizenship for their children, but we want the court to make this equal for all other mothers who either have not submitted their application, or who are still submitting,” said Suriani. 

Lawyer Gurdial Singh Nijar, who is representing the mothers, said the Attorney-General’s Chambers (AGC) had written in and raised a new point in its submission, which he called “startling”. 

“It is saying you cannot amend the constitution to allow for gender discrimination to be declared unconstitutional,” said Gurdial.

The AGC is contending that Article 8(2) of the constitution on anti-discrimination on various grounds, including gender, cannot be taken to mean both father and mother when only the word “father” is used. 

Citizenship rights under the Federal Constitution states that children born to Malaysian fathers can be Malaysian citizens.

This was the premise of the High Court’s decision in September last year when it ruled in favour of the six mothers. High Court judge Akhtar Tahir ruled that the children should be given citizenship as the word “father” in the Second Schedule of the Federal Constitution also includes mothers.

The case was first heard in 2020. 

Suriani meanwhile said the government’s discriminatory polices are clearly fracturing Prime Minister Ismail Sabri Yaakob’s #KeluargaMalaysia slogan. 

“It is time for Malaysian mothers to have equal rights with regard to conferring citizenship on their children, regardless of where they (the children) were born.” 

Former Deputy Women, Family, and Community Development Minister Hannah Yeoh, who was also present at the press conference, said the National Registration Department should be serving Malaysians rightfully. 

“The National Registration Department is funded by taxpayers, and I do not believe taxpayers want these Malaysian mothers to suffer. 

She added that if Ismail is serious about #KeluargaMalaysia, he should instruct the home minister not to reject applications by the mothers in this situation. – June 22, 2022.