5 October 2024
Project Stability and Accountability for Malaysia (Projek SAMA) proposes direct election for all Senators from Sabah and Sarawak as a reinforcement step to ensure a constitutional veto power for East Malaysia in the Dewan Negara.
Projek SAMA thanks all positive and negative comments to the “DN 35/100” proposal – a veto bloc of Sarawak 17 seats, Sabah 17 seats and Labuan 1 seat in an expanded, 100-seat Dewan Negara to block any unilateral constitutional amendment by West Malaysia – put forward in our Malaysia Day message.
We call upon all Malaysian democrats who genuinely want a constitutional veto power in Dewan Negara to support this enhanced solution: Amendment to Article 45(1)(a) to increase the number of Senators from Sabah and Sarawak from 2 to 17; and a parliamentary act empowered by Article 45(4)(b) to introduce direct election for Senators from Sabah and Sarawak.
We would like to categorically refute a misinformation made by some defenders of the demand for 35% seats in the Dewan Rakyat (“DR 35%”): that the Senate lacks legitimacy hence the senatorial veto power cannot protect East Malaysians’ interest.
An honest reading of the Federal Constitution would show the unequivocal guarantee of Senatorial power in Article 68(5) under the heading “Assent to bill passed by House of Representatives only”: –
“This Article does not apply to any Bill for making any amendment to this Constitution, other than an amendment excepted from the provision of Clause (3) of Article 159”.
So, if 35% of Senators vote against any constitutional amendments, such amendments cannot be passed. All the constitutional guarantees for Sabah and Sarawak made under the Malaysia Agreement 1963 (MA63) cannot be undone.
Dismissing the DN 35/100 is fundamentally a blanket distrust of Senators from East Malaysia – that even if the 34 Senators are to be appointed by the State Legislative Assemblies of Sabah and Sarawak, they still cannot be trusted to defend MA63.
Characterising Dewan Negara as “Rubber Stamp”, this cynicism is essentially directed at the appointed nature of all Senators, whether by federal government or state governments through the state assemblies they control, and that appointed senators cannot act independently of their political masters.
Hence, if anyone claims that 34 Senators from Sabah and Sarawak cannot be trusted to defend MA63, they are basically saying that Sabah and Sarawak Governments that appoint the Senators cannot be trusted to defend MA63.
Projek SAMA finds such trust deficit in Sabah and Sarawak political establishment astonishing, especially when it comes from within, including a Senator from East Malaysia.
Since the biggest difference in constitutional veto between 35% MPs from East Malaysia and 34 Senators representing Sabah and Sarawak is in the elected nature of MPs, the solution is simple: eliminate the difference, let voters elect the 34 Senators from Sabah and Sarawak so that they can be as independent as the elected MPs.
This is possible even before the entire Dewan Negara is reformed and without touching the existing 44 federal appointees and 22 other state appointees. This pathway has been provided by the 1957 Federal Constitution but regrettably not utilised by MA63, in Article 45(4)(b) which states clearly：-
“Parliament may by law … (b) provide that the members to be elected for each State shall be elected by the direct vote of the electors of the State”
Projek SAMA is consistent in our stand: firstly, Malaysia’s federalism benefits from a veto power from East Malaysia; secondly, such veto power should be invested in the Dewan Negara, in line with democratic practices in other federations; thirdly, this veto power should be realised before the 16th General Election (GE16), which can only be possibly done in time through the Dewan Negara.
Issued by:-
Projek SAMA
