The groups say the public deserves to know whether the federal government’s recent announcement to increase parliamentary seats for Sabah and Sarawak was based on those interpretations. – Bernama photo
KUCHING (Oct 9): The federal Attorney General’s Chambers (AGC) and the Attorney-General Chambers of Sabah (SAGC) and Sarawak have been urged to publicly disclose their respective legal interpretations of the Malaysia Agreement 1963 (MA63) concerning East Malaysia’s claim to 35 per cent representation in the Dewan Rakyat.
In a joint statement today, Project Stability and Accountability for Malaysia (Projek Sama), the Coalition for Clean and Fair Elections (Bersih), Engage, and Tindak said the public deserves to know whether the federal government’s recent announcement to increase parliamentary seats for Sabah and Sarawak was based on those interpretations.
“The Malaysian public deserves to know whether the announcement by Prime Minister Datuk Seri Anwar Ibrahim on Sept 26, 2025, that parliamentary seats would be increased for Sarawak and Sabah is based on their interpretations,” the groups said.
They called on the three AGCs to clarify their legal positions on key constitutional and historical questions, including which clauses in MA63, the Inter-Governmental Committee (IGC) Report or the Cobbold Commission Report form the basis for the 35 per cent claim.
The groups also questioned what specific safeguards Article 161E(2)(e) of the Federal Constitution provides for Sarawak’s 15.1 per cent and Sabah’s 10.1 per cent parliamentary representation, and whether those safeguards remain in force after August 1970.
They noted that on Nov 10, 2024, Deputy Prime Minister Datuk Seri Fadillah Yusof had acknowledged differences in legal interpretations regarding the 35 per cent claim, saying no additional seats could be created before the 16th General Election (GE16).
“In the first quarter of next year we’ll receive reports from the three legal advisers to be presented in the Malaysia Agreement 1963 Implementation Action Council (MTPMA63) meeting,” Fadillah was quoted as saying.
“If the three AGCs have now completed their reports on the matter, then the public has the right to know their interpretation. This can provide clarity when senior personalities hold opposing opinions,” the joint statement added.
The debate over East Malaysia’s representation in Parliament has gained renewed attention in recent months.
On Jan 10, 2025, Sabah Attorney-General Brenndon Keith Soh reiterated the call for one-third parliamentary representation for the Borneo states, saying it was vital for shaping Malaysia’s future.
On Sept 28, Sarawak lawmaker Datuk Seri Wong Soon Koh proposed that both Sabah and Sarawak should each hold one-third of Dewan Rakyat seats.
However, two days earlier, former Dewan Rakyat Speaker Tan Sri Azhar Harun dismissed such claims as having no constitutional basis, describing them as merely a political narrative.
The joint statement said differences in opinion over the constitutionality of the 35 per cent claim are expected but should be managed with respect and civility.
“Heated debates and passionate conversations on this matter by politicians, analysts, activists and civil society organisations should be handled maturely and civilly,” it said.
“Unfortunately, there have been unsubstantiated claims, personal attacks and even an anonymous smear campaign against those who disagree with the one-third representation narrative. Some have even accused dissenters of harbouring a ‘colonial mentality’ or acting as proxies for Peninsular interests, undermining constructive debates.
“Transparent disclosure of the three AGCs’ legal interpretations on the 35 per cent demand is therefore vital. It can foster and advance informed, grounded and civil discussions on MA63 and parliamentary representation,” the statement added.
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