Attorney-General: Sabah, Sarawak additional Parliamentary seats, waste management under careful federal review

KOTA KINABALU (Jan 16): The proposal to increase the number of Parliamentary seats for Sabah and Sarawak is currently under careful review by the federal government in consultation with the Borneo states, said Attorney-General Tan Sri Mohd Dusuki Mokhtar.

He said the proposal as well as matters related to scheduled waste management, which is currently regulated under the Environmental Quality Act 1974 [Act 127], have successfully been resolved at the negotiation stage and are now undergoing meticulous consideration.

“The implementation of these matters requires extensive and meticulous deliberation, particularly where amendments to the Federal Constitution and related legislation are required.

“In this regard, Attorney-General’s Chambers (AGC), as the legal advisor to the federal government, carries the solemn responsibility of ensuring that all proposed legal reforms are consistent with both the spirit and letter of the Federal Constitution and faithfully reflect the aspirations embodied in MA63 (Malaysia Agreement 1963) and the recommendations of the IGC Report,” said Mohd Dusuki during the opening of the Legal Year 2026 at the Sabah International Convention Centre (SICC) here.

He added that the Attorney-General’s Chambers (AGC), as the legal advisor to the federal government, has the solemn responsibility of ensuring that all proposed reforms align with both the spirit and letter of the Federal Constitution, faithfully reflecting the aspirations embodied in MA63 and the recommendations of the Inter-Governmental Committee (IGC) Report.

Mohd Dusuki noted that AGC continues to play an active role in facilitating negotiations between the federal government and the state government of Sabah pursuant to the “review” mandated under Article 112D of the Federal Constitution, following the Kota Kinabalu High Court decision in Sabah Law Society v Government of the Federation of Malaysia & Government of the State of Sabah (2025) MLJU 3764.

“In this regard, both parties are progressing constructively towards a mutually acceptable and sustainable agreement, these developments signify our collective commitment to a cooperative model of federalism, one that emphasises consultation, mutual respect, and shared responsibility between the Federation and the states.

“They also reaffirm the second principle of the Rule of Law articulated by constitutional scholar A.V. Dicey, that ‘the law must operate not only uniformly but also fairly among every person in the Federation’ with due regard to the rights and histories of the various communities within the State,” he explained.

Mohd Dusuki further highlighted Malaysia’s legal victories against baseless claims by the purported heirs and successors-in-interest to the Sultan of Sulu in multiple jurisdictions.

“Since 2019, we have commenced our battle against these claims, in not just Malaysia, but also Spain, France, the Netherlands and Luxembourg, it has been proven to be a daunting and challenging journey for us but we managed to succeed as we have always held on to our unwavering faith in the respective justice systems.

“In Spain, for example, on October 8, 2025 we have secured a landmark conviction against the rogue arbitrator, Dr Gonzalo Stampa for his utter disregard to the orders of the Spanish courts, Dr Stampa has been sentenced to six months imprisonment and one year prohibition from acting as an arbitrator,” he said.

In France, on December 9, 2025, the French Court of Appeal annulled the Final Award issued by Dr Stampa on February 28, 2022, finding no valid arbitration agreement binding Malaysia.

“As a result, the Final Award was annulled in its entirety, AGC will continue its commitment to defend Malaysia’s sovereignty, immunity and national interests against any baseless claims by any individuals or entities,” he said.

Mohd Dusuki reaffirmed that the Madani Government remains committed to advancing the legitimate aspirations of Sabah and Sarawak while safeguarding the unity and integrity of the Federation.

“The negotiations between the federal government and the governments of Sabah and Sarawak continue to progress constructively, they are expected, in due course, to culminate in a mutually acceptable and enduring agreement.

“The matters presently under active discussion include the appointment of Judicial Commissioners in Sabah and Sarawak, as well as issues relating to the administration of education, health, and the ongoing efforts towards the realisation of Borneonisation,” he said

He said AGC remains fully committed to providing high-quality legal advice to the federal government before any decision is finalised, reflecting its constitutional mandate while upholding the principles of federalism and MA63.

Meanwhile, Sabah State Attorney-General Datuk Brenndon Keith Soh highlighted Artificial Intelligence (AI) as a pressing issue for the legal sector.

“As we discuss the future, there is another prominent issue that has arisen in many legal jurisdictions including our own, that of Artificial Intelligence and the wider implications for our fraternity.

“The legal sector is not insulated from how AI can transform legal work. We can expect that it will not be gradual or optional, but swift and structural,” he said.

He explained that AI could assist in strategic contexts such as negotiations, planning, and decision-making, and potentially improve access to justice for unrepresented individuals.

“This is just the start, with AI also playing a role in strategic contexts, such as negotiations, planning and decision making.

“It can also potentially assist in closing the justice gap by making access to justice affordable for the unrepresented, however, fundamental questions ought to be asked as to who can own legal data? How is it governed? As AI is trained on past legal work, how does it avoid reinforcing obsolete prejudices or misconceptions? Will we as a nation need to consider an AI legislation to regulate and promote ethical, safe and human-centric AI development?” explained Soh.

He said that fortunately, there are some things that AI can’t do yet – such as exercise human craft and judgment, understand the context of unwritten norms or local sensitivities and represent clients ethically and compassionately with both reason and experience.

“Furthermore, trial room advocacy skills cannot be replicated, so for now, I am personally relieved that we will all continue to be employed but we must not ignore an AI-powered future,” he added.