KUCHING: The Advocates Association of Sarawak (AAS) has called for immediate amendment to Article 122AB of the Federal Constitution to restore the powers of the Head of State (TYT) of Sarawak to appoint Judicial Commissioners (JCs).
Its president Gurvir Singh Sandhu said the matter is a significant constitutional reform necessary to address the position reflected under Section 16(3) of the Malaysia Act 1963.
He said this in his address during the opening of the Legal Year for Sabah and Sarawak 2025 held at Hikmah Exchange Event Centre here today.
On another note, Gurvir called for the establishment of a Law Commission in Sarawak which could enhance the development of the laws, strengthen legal framework, and ensure that justice is served in an efficient, transparent, and equitable manner for all citizens of the state.
The Law Commission, he said, would be an independent body tasked with reviewing, developing, and reforming the legal system of a jurisdiction, and its role is critical in ensuring that laws remain relevant, efficient, and responsive to the evolving needs of society.
“In essence, the Law Commission serves as an advisory body that works to improve the quality of legislation, ensuring that it reflects the values of the community and addresses contemporary issues.
“It will provide us with the tools and framework to undertake such reviews and reforms in a structured and systematic manner,” he said, adding that the state faces distinct challenges when it comes to legal development.
“While we operate within the framework of the Malaysian legal system, Sarawak also has its own specific set of legal needs and considerations — whether they relate to land rights, indigenous affairs, natural resources, or local governance.
“Many of these issues require tailored solutions that reflect the realities of our state. Many of our laws, especially those related to land and resource management, have their origins in colonial times, or were drafted at a time when the socio-political landscape was vastly different.
“In fact, we are still relying on UK statues in Sarawak for certain instances. As our society evolves, it is crucial that our laws evolve with it,” Gurvir said.
Thus, he said the Law Commission would be tasked with conducting regular reviews of outdated laws, obsolete laws, recommending reforms where necessary, and providing advice on new areas of law that may be needed in a modern context.
“The establishment of a Law Commission would allow Sarawak to have an independent, professional body which is made up of relevant stakeholders dedicated to addressing these challenges.
“It would ensure that Sarawak’s laws remain aligned with the needs of our people, particularly with respect to our indigenous communities, cultural heritage, and unique geographical concerns, including the directions being taken by the state government on environmental, social, and governance (ESG) and artificial intelligence (A) among others,” he said.
He stressed the establishment of a Law Commission is not just a matter of administrative convenience but a fundamental step toward ensuring that our legal system remains dynamic, just, and responsive to the evolving needs of society.
“I call upon all legal professionals and the government to support this initiative, as it represents a collective effort to build a legal framework that reflects the values and aspirations of our people,” said Gurvir.
Earlier, the opening of the Legal Year started with the ceremonial procession by the legal fraternity where they marched from the Old Court House to the Hikmah Exchange Event Centre.
