Addendum - Constitutional Justification for Sabah's Legislative Competence

Daily Express

27-04-2025

Published on: Sunday, April 27, 2025
Published on: Sun, Apr 27, 2025
By: Datuk Roger Chin Text Size: While it is true that 'elections' fall within the Federal List under the Ninth Schedule of the Federal Constitution—thus placing general elections for Parliament and State Assemblies under Federal jurisdiction—this does not mean that Sabah is entirely prohibited from legislating on electoral matters within its own constitutional sphere. First, under the Malaysia Agreement 1963 (MA63), the Federal Constitution was amended to accommodate special autonomy for Sabah and Sarawak. These include greater legislative and administrative powers, particularly over matters considered to have local significance. Among these are state elections and the conduct of election campaigns within Sabah itself. The Election Commission (EC) under Article 113 is responsible for conducting elections, but nothing prevents a state legislature from enacting complementary laws aimed at ensuring fairness, transparency, and integrity in the campaigning process—so long as these laws do not regulate the mechanics of voting or counting, which are federally regulated. Moreover, Article 95B(1)(a) of the Federal Constitution expressly provides that Parliament may confer on the Legislature of Sabah the power to make laws with respect to matters enumerated in the Federal List, to the extent that they apply to Sabah. Even without direct Parliamentary delegation, Sabah retains competence over public order, morality, and state government affairs—categories broad enough to encompass laws against electoral disinformation, fake news, and digital manipulation during campaigns. In short - Sabah is not legislating on the conduct of the election itself (which remains federal), It is legislating to protect the integrity of election campaigns within Sabah, This falls under public morality, order, and the right of the State to safeguard its democratic processes, Such legislation supplements, not supplants, federal electoral laws. Given the unique vulnerabilities of Sabah, as outlined earlier, and its distinct constitutional status, it is both lawful and necessary for the State to enact targeted laws like the proposed Sabah Electoral Integrity and Digital Truthfulness Ordinance to address digital threats to its electoral system. Failure to act would leave a constitutional vacuum—and potentially allow Federal neglect to endanger Sabah's democracy. The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]