PUTRAJAYA: The Court of Appeal in a 2-1 majority decision today ruled that the children born overseas to Malaysian mothers who are married to foreign spouses are not entitled by operation of law to be Malaysian citizens.
The three-member bench chaired by Justice Datuk Kamaludin Md Said made the ruling after allowing the appeal by the government, Home Ministry and National Registration Department (NRD) director-general (appellants).
The majority decision was agreed to by Justice Kamaluddin and Justice Datuk Azizah Nawawi, while Justice Datuk S. Nantha Balan dissented.
Previously, the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian women who are married to foreigners with overseas-born children had, on Sept 9, 2021, succeeded in their lawsuit in the High Court against the three appellants.
In reversing the High Court ruling, Justice Kamaludin said the word ‘father’ in Section 1(b) and 1(c) of the Second Schedule, Part II of the Federal Constitution meant the biological father and cannot be extended to include the mother or parents.
Whereas, the High Court in its decision to allow children born overseas to Malaysian mothers married to foreigners to automatic be entitled to citizenship by the operation of law under Article 14(1)(b) of the Federal Constitution had held that the word ‘father’ in Section 1 (b) must be read to include the mother.
Justice Kamaludin however said the word ‘father’ in Article 14(1)(b) and its related provisions in the Second Schedule is clear and unambiguous and cannot be construed to include ‘mother’.
“Only the Parliament can rewrite the Constitution, not the court, to amend the Constitution. The court cannot in its own whim and fancy change the Constitution.
“Thus, the government’s appeal is allowed with no order as to cost while the High Court decision is set aside,” he said. - Bernama
