PUTRAJAYA: The government will let the Federal Court matter involving citizenship of babies born overseas to Malaysian mothers proceed while it works to amend the Federal Constitution, says Datuk Seri Saifuddin Nasution Ismail.
"We initially lost the case at the High Court but won at the Court of Appeal.
"It is now being heard by the Federal Court and we will allow due process to continue," the Home Minister said after presenting letters of approval for citizenship applications to 28 recipients during a ceremony at the National Registration Department on Monday (Jan 9).
Saifuddin said the case will not affect the political will of the current administration to amend the law and Federal Constitution to address issues related to citizenship.
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He was asked whether or not the government would withdraw from the case brought by a group of Malaysian mothers whose children were born abroad.
The group, Family Frontiers, filed suit on Dec 18, 2020, seeking a declaration that their children could be declared Malaysian citizens.
On Sept 9, 2021, the Kuala Lumpur High Court ruled in its favour, noting that the word "father" in the Constitution should be read as representing both parents when considering Article 8(2) which prohibits discrimination, including based on gender and against any Malaysian citizen.
However, the Court of Appeal, in a 2-1 decision, overturned the High Court ruling in an appeal by the Attorney General's Chambers on Aug 5 last year.
Family Frontiers was subsequently granted leave on Dec 14 to appeal the decision at the Federal Court, where the matter is ongoing.
Meanwhile, Saifuddin said his ministry has begun work to look at amending laws on issues related to citizenship.
"The numbers (of Malaysian women having children overseas by non-Malaysian fathers) are not (high) but it is a trend nowadays which we will have to look at," he said.
He added that his ministry will submit a Cabinet paper for approval next month.
Once that is approved, he said the Home Ministry will work together with Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said to come out with a joint paper on the proposed amendments.
Last week, Azalina said in a tweet after the Cabinet meeting that she and Saifuddin would put forward a memorandum on the amendment to the Cabinet as soon as possible.
The amendment would be to Part II of the Second Schedule of the Constitution.
