Leader of symbol with largest number of seats becomes Sabah CM or court case beckons!

[25/09, 7:33 a.m.] +60 12-672 2388 (Jack Situn):

RAMALAN TERKINI PRN16 SABAH
(Sabah 16th State Election latest predictions):
Warisan 32 – 35
UMNO 8 – 12
UPKO 9 – 11
DAP 7
PKR 5 – 6
BERSATU 4 – 6
STAR 2
PBS 1
PBRS 1
LAIN-LAIN 0
🌹🙏Peace

[25/09, 7:53 a.m.] JF:

Upko 1 (Kadamaian) , PKR 1 or 2, DAP 6, LDP 1, Usno 1, PBRS 1 or 2, Star 2 (Tambunan, Bingkor), Sapp 0, Independent 1, unknown parties 0, rest a toss between the other parties. PBS will do well.

The issue that arises is which symbol will get the largest number of seats in the DUN. The leader of that symbol will be sworn in as CM by the Definition of majority in the Sabah Constitution.

The Definition is not about simple majority, does not rule out minority gov’t.

Coalition gov’t can come AFTER the CM is sworn in, NOT BEFORE.

This matter may end up in court. Deja vu!

The leader of the symbol with the largest number of seats in the DUN should be appointed CM.

If the leader of a coalition, his own party not having the largest number of seats in the DUN, is appointed CM, the matter will end up in court.

Coalition can come after the CM is appointed, not before.

https://www.freemalaysiatoday.com/category/bahasa/2020/09/24/1088711-pengundi-biasa-layak-undi-sabtu-ini/

If the turnout is less than 50 per cent in the snap Sabah elections, questions will be raised over the legitimacy of the exercise.

Assuming voter turnout is less than 50 per cent, the winners will get just 20 per cent of the votes counted and 10 per cent of registered voters.

A landslide is only possible if 85 per cent of the registered voters turn up.

The voter turnout can be expected to be low given the rising number of CV-19 cases in the state and the JPN stationing officers at the polling stations to weed out those not eligible to vote.

Many people may also not vote on the grounds the elections should not have been called.

The matter should have been resolved in the state assembly, the Proper Forum.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/24/mykad-in-rci-obtained-by-fraudulent-claims-null-and-void-under-the-law/

They stand automatically deleted from the electoral rolls.

https://www.malaysiakini.com/columns/543948

The PTI are a ticking timebomb on the virus. This is an open secret.

If MoH steps up testing and contact tracing in Sabah, it’s sure to get clusters and infections in three digits.

The virus situation will reduce the voter turnout. Better safe than sorry. Early voters reportedly caught the virus from the ink used.

The NRD is also stationing officers at polling stations.

The border has also been closed.

All the above measures will further reduce voter turnout.

Many people feel the snap Sabah election was not necessary. So, they are unlikely to turn up at the polling stations.

If voter turnout is less than 50 per cent, questions will be raised on the legitimacy of the exercise.

MyKad in RCI, obtained by fraudulent claims, null and void under the law

If the turnout is less than 50 per cent in the snap Sabah elections, questions will be raised over the legitimacy of the exercise.

The voter turnout can be expected to be low given the rising number of CV-19 cases in the state and the JPN stationing officers at the polling stations to weed out those not eligible to vote.

Many people may also not vote on the grounds the elections should not have been called.

The matter should have been resolved in the state assembly, the Proper Forum.

https://www.freemalaysiatoday.com/category/bahasa/2020/09/24/1088711-pengundi-biasa-layak-undi-sabtu-ini/

Professor James Chin, your take in FB on the MyKads at the RCI is wrong in law.

According to the law, any document obtained from the gov’t under fraudulent claims is null and void and does not exist as if it never existed.

https://m.facebook.com/story.php?story_fbid=10158802525350842&id=765355841

PRN Sabah

MORE NONSENSE

This is widely circulated in Sabah; supposed to deter PTIs from voting.

James Chin’s take:

Its nonsense because the ICs issued to them are real. This was made clear in the RCI. How can you deny a person with a real IC (although he entered Sabah illegally in the first place) from voting?

The whole purpose of Project IC or Project M was to insert Muslim voters into Sabah by giving them real ICs.

You (you-know-who) need to spin better!!

My COMMENT . . .

James Chin, Victor Chin, Kandasamy Chinnayah, Kaycee Chin, Chin Wu Leu, Fen Siong Chin, Chin Ping, Beth Chin-Sikayun, Elizabeth Chin, Dalyn Ching Kobindong, Sylvester Chin, Liesia Chin, Gordon Horace Chin, Khoo Chin Chio, Chin Seng Ann, Wong Ching Chou, Chin Pui Chung, Reynold Valentine Chin,

According to the law, any document obtained from the gov’t under fraudulent claims is null and void and does not exist as if it never existed.

They stand automatically deleted from the electoral rolls.

Note: James Chin deleted my comment. He later removed his FB post claiming that PTI with a genuine MyKad had the right to vote.

https://www.freemalaysiatoday.com/category/bahasa/2020/09/24/jpn-buka-6-bilik-gerakan-di-sabah-kesan-pengundi-2-kewarganegaraan/

Dual nationality is euphemism for PTI.

https://www.freemalaysiatoday.com/category/nation/2020/09/24/nrd-tracking-voters-with-dubious-documents-dual-nationalities/

https://www.malaysiakini.com/news/543860

https://www.malaysiakini.com/news/543857

This story is about those staying in glass houses throwing stones.

History cannot be based on collective amnesia.

Having said that, the Chinese can be expected to support W+ because of DAP.

I am not sure about PKR.

Christina Liew, like YTL, has suddenly become unpopular among the Chinese. They allegedly see her as a mega cheat on NCR land.

No one is addressing the elephant in the room: the PTI.

I wrote about it. I also did a blog piece on IMM13 and related issues.

I cited principles in law and the spirit of the law, the latter having greater emphasis in the rule of law, the basis of the Constitution.

The issue is giving everyone in Malaysia, including the PTI, an identity, not necessarily a Malaysian identity as Home Minister Syed Hamid Albar said in KK some years ago.

Politics will prevent Amnesty for PTI.

CJ Richard Malanjum was right when he told some Pakistani PTI, “tell your countrymen that Sabah is hell for the PTI”.

W+ is not assured of the Orang Asal votes in the snap Sabah elections.

If W+ gets the Orang Asal votes, there’s no guarantee they (OA) won’t live to regret it as before Kimanis. Many Orang Asal voted for W+ in GE14. Then, Upko defected to W+ two days after MA was sworn in as CM.

PSS almost happened until Kimanis came. PSS was flawed in law. Parliament should have passed Amnesty.

Too much is made of Upko. Upko, a breakaway from PBS, cannot claim to represent the Orang Asal. They even changed their name to something meaningless. What does United Progressive Kinabalu Organisation mean? It means nothing.

Sapp and PBRS, both breakaways from PBS, cannot claim Orang Asal seats. Sapp was rejected by the Chinese. So, it’s banking on Orang Asal seats. YTL allegedly follows JK around like a bad smell.

The Orang Asal have never forgiven YTL and Sapp. It was the ultimate betrayal in 1994. YTL wanted to sue me when I predicted in GE13 that Sapp will get zero seats and lose their deposits

Star, an offshoot of Jeffrey Kitingan’s days in PBS and frogging, cannot claim to represent the Orang Asal. JK betrayed Pairin in 1994. The Chinese especially harp on this.

I proposed that JK be given only two seats for the snap Sabah elections. PBS has done that in Tambunan and Bingkor. My reason was that we need to know what new BS JK will come up with on Borneo rights. The real reason is that I have always had a soft spot for JK because I know the man. It’s not in my nature to have a soft spot for any politician.

My take on Borneo rights is that given several case laws, it’s pointless harping on Batu Sumpah and MA63.

A nation is governed by the Constitution.

Sabah and Sarawak should get a Federal court declaration on a point of law on the Malaysia Constitution governing the two Borneo states, not just the Federal Constitution, what has been incorporated in it from MA63 and some case laws on MA63.

MA63 exists whether incorporated in the Federal Constitution or otherwise.

It has force of law as the ultimate political document for Sabah and Sarawak and as the basis for the two Borneo states to be in Malaysia with Malaya as Equal Partners.

Politics will prevent Malaya saying that Sabah and Sarawak are not Equal Partners in Malaysia.

We can’t wait for the Federal Court declaring case law on bits and pieces of MA63 from time to time.

CJ Richard Malanjum should focus on the Malaysia Constitution. He should stay out of politics. Many people were shocked by earlier speculation that he would contest either Moyog or Bingkor.

Malanjum is more noted for educating lawyers and indeed the judiciary that the letter of the law is not the sum total of rule of law. Refer to his farewell address.

He respected dissenting judgments.

The people will always respect and remember him for his days in court.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/21/addressing-pti-issue-key-to-winning-snap-sabah-election/

All parties in snap Sabah election must not ignore the elephant in the room: the PTI.

https://fernzthegreat.wordpress.com/2020/06/18/the-govt-by-inaction-in-law-cannot-deport-illegal-immigrants-in-msia-since-merdeka-msia-day/

The onus on illegal immigrants in Malaysia to prove they qualify for Amnesty, if declared and offered.

https://fernzthegreat.wordpress.com/2020/09/23/anwar-cannot-influence-snap-sabah-polls-by-overthrowing-muhyiddin-govt/

Racists PAS, GPS, stick with racist Umno, Sarawak has Umno in PBB.

https://fernzthegreat.wordpress.com/2020/09/23/chaos-since-mahathir-left-the-first-time-good-for-the-people/

Political tyrants have been defanged at least until new Order emerges.

Chaos since Mahathir left, the first time, good for the people

Political situation in Sabah, Malaya, best ever, Sarawak work in progress.

The current political situation in Sabah and Malaya has never been better for the people. Sarawak, of course, could be better. PBB is Umno in Sarawak, racist as ever, hardcore ketuanan Melayu squatting on the Orang Asal for 55 years.

Between 16 Sept 2008 and 22 Sept 2020, we had mid 2009 in Perak, Kedah before GE14, 10 May 2018 in Putrajaya, 12 May 2018 in Sabah, and 1 Mar 2020 in Putrajaya, followed by the changing of the guards in Johor, Perak, Malacca and Kedah and finally 30 July 2020 in Sabah.

Fast forward to Sept 2020, precisely the 22nd, it’s deja vu. Anwar Ibrahim claims he has the support to be the 9th Prime Minister. Unfortunately, or fortunately, the Agong took ill on the same day and was admitted to the National Heart Institute.

Anwar declared the 16 Sept 2008 People’s Revolution which either fizzled out or was aborted after intelligence leaks and/or sabotage.

Sept 16 was the brainchild of Anthony Among in Sabah.

His nephew, Phillip Among, engaged in shuttle diplomacy between Jeffrey Kitingan and Anwar Ibrahim. The coup d’ etat began falling apart when Anwar directed Jeffrey to hand over the “project” to Azmin Ali, the PKR number two. Borneo lawmakers, Sarawak in particular, withdrew their promised support in Parliament. They didn’t trust Anwar, Azmin even less. They were unhappy Jeffrey was no longer involved.

Several years before Mahathir finally stepped down in 2003, reluctantly after a long goodbye, I warned that the longer that Mahathir stays in power, the greater and more prolonged the political instability after he eventually goes, as he must.

Mahathir enforced an artificial political stability.

He used the draconian Internal Security Act (ISA) to detain Opposition politicians without trial. The ISA, operating under emergency decrees which suspended civil liberties in the Constitution, was used to destroy Malay political parties in the Opposition.

I expected Mahathir to die in office. It may still happen as he became Prime Minister for the second time on 10 May 2018 i.e. after GE14.

In any case, it has happened. Mahathir overstayed his welcome and sowed the seeds of the current disorientation, confusion and chaos.

There can be no new Order without chaos. Chaos, as the ancient Indians discovered, is the only predictable property of the universe.

Happily, chaos since Mahathir left the first time, has been good for the people. The political tyrants, local as well as those in Putrajaya, have been defanged at least until a new Order emerges.

The politicians on both sides of the Divide are equally matched, equally determined to deny their rivals from taking public office.

Indeed, there’s even a third person in the boat, busy making a hole even as the two main parties row diligently in opposite directions.

Read further here . . .

Here’s an initial 50-point rundown on matters of public concern and public interest:

https://fernzthegreat.wordpress.com/2020/09/03/youth-breath-of-fresh-air-to-drain-swamp-of-rotten-politics-corruption/

Youth not bogged down by race and religion.

Anwar cannot influence snap Sabah polls by ‘overthrowing’ Muhyiddin gov’t

Anwar Ibrahim is noted for wresting defeat from the jaws of victory.

Agong will wait for backdoor PM Muhyiddin Yassin to see him before he sees, if at all, Anwar Ibrahim.

Agong will not call for the PM to see him.

The Agong will remain above the fray. Once bitten, twice shy. He will not repeat the Royal Coup of 1 Mar 2020.

Anwar and frogs can present their case in Parliament after gov’t business is concluded. Generally, Parliament will be adjourned after gov’t business is concluded.

Any Motion by the frogs while specific, and a matter of public concern and interest, is NOT URGENT.

So, in fact, the Motion can be rejected by the Speaker instead of accepting it and tucking it under the bottom, i.e. after gov’t business.

The Agong can only consent to the dissolution of Parliament IF advised by the Prime Minister.

Muhyiddin is unlikely to advise the Agong to consent to the dissolution of Parliament.

Muhyiddin will not resign just because Anwar claims to have some frogs with him.

https://www.malaysiakini.com/news/543828

https://www.malaysiakini.com/news/543911

https://www.malaysiakini.com/news/543892

The issue is not whether Anwar Ibrahim has the numbers in Parliament, he probably has them this time.

The issue is that Anwar has never once followed the Constitution on the appointment of the Prime Minister.

That’s because he belabours in the delusion that the PM’s post is his Tamil Hindu paternal grandfather’s property.

On 16 Sept 2008, he claimed that he had the numbers to take over as Prime Minister. He ended up in jail for Sodomy II.

During Mahathir’s 2nd stint as Prime Minister, Anwar harped every day in the media in various ways about being the PM-in-Waiting.

At the same time, he said he was in no hurry and asked for Mahathir to be given space and time.

The rest is history.

Mahathir could have handed the PM’s post to Anwar by way of the PH Chairman’s post. Mahathir cannot claim that Anwar did not have the numbers when the latter’s claim is based on what he himself had in Parliament.

Never once did Anwar make a bid for the PH Chairman’s post. He only became PH Chairman after Mahathir left, having eaten to his satisfaction, burped, vomitted, shat, and farted like thunder.

Now, Anwar claims that he spoke to the Agong by phone.

He also told the media that he was planning to go to IJN to see the Agong bla bla bla.

All this is a breach of protocol by the so-called parliamentary Opposition leader. Indians would say that Anwar was showing his Tamil puthi, a derogatory term indicating a lack of intelligence.

The Agong, according to one report, quickly discharged himself to “recover” in the Istana.

https://www.malaymail.com/news/malaysia/2020/09/23/sources-perikatan-faces-storm-in-sarawak-as-gps-mulls-leaving-alliance-amid/1905781

GPS will quit Muhyiddin gov’t if PAS and Bersatu insist on contesting in Sarawak.

PBB is Umno in Sarawak.

https://www.malaysiakini.com/news/543730

https://www.malaysiakini.com/news/543737

Anwar’s numbers include the hairs on his YouKnowWhat.

Anwar says he has numbers to form govt and King to grant him an audience

https://www.freemalaysiatoday.com/category/nation/2020/09/23/muhyiddin-mocks-anwar-over-empty-claim/

Zahid and Mat Hassan not speaking the same language.

Mat Hasan kata Umno masih bersama PN

Zahid, facing numerous cases in court, seems to be fishing in troubled waters by saying that Umno MPs in their individual capacities may be supporting Anwar Ibrahim.

He said it’s the Umno MPs who are in the Muhyiddin gov’t, not Umno and BN which are not components of PN.

Zahid will not be able to put pressure on Muhyiddin by making such a statement.

His cases will go ahead.

Both PAS and GPS have denied supporting Anwar. According to one report, GPS will support Anwar if DAP is kept out. That’s racist!

Racists like PAS and GPS will stick with Umno. PBB is Umno in Sarawak.

Anwar cannot influence the snap Sabah election by claiming to have overthrown the Muhyiddin gov’t.

The people still remember the insulting statement made by a lawmaker on the armed forces.

If Anwar Ibrahim becomes PM before GE15, or after GE15, I will buy Selva two oxtail asam pedas.

I won’t eat. I will watch him eat.

He can pack one home.

Agong will not entertain Anwar & Frogs.

He will not allow him to enter the Istana.

He may or may not point in the direction of Parliament. He can just keep quiet and “buat tak tahu”.

The scene will shift to Parliament, the Proper Forum.

https://www.freemalaysiatoday.com/category/nation/2020/09/23/pn-leaders-pledge-support-for-muhyiddin-slam-anwars-claim-govt-has-collapsed/

https://www.malaysiakini.com/columns/543684

Almost no one is addressing the elephant in the room: the PTI, especially those in the electoral rolls.

Hamzah, the Home Minister, has said that he will station NRD officers at polling stations to vet ICs to weed out dubious documents held by the PTI.

He has closed the borders to prevent foreigners coming in to “create trouble”. “Create trouble” is euphemism for voting with dubious ICs.

His statement in Kiulu has been interpreted in two ways: if PBS loses there, he sees no reason to deport the PTI; or if PBS loses, he will deport the PTI.

The Kimanis parliamentary by-election showed that the Orang Asal, and many other Sabahans, will not vote for any parti considered mesra PTI.

Who pushed the PSS and who went along with it?

Will PSS be revived, perhaps in a different form?

Ironically, it was Hamzah who said that IMM13 will be extended to all PTI.

IMM13, under the law, is a document for refugees who entered only in the 70s from the southern Philippines.

Many of the original holders are probably dead by now or returned home.

The IMM13 has to be renewed yearly. Many holders, according to the gov’t, did not do so.

The children of the IMM13 were alternately given the document or denied the facility.

Again, according to the gov’t, there are many forged IMM13 floating around.

PSS was supposed to overcome the forged IMM13 and also extend it to those who hold the surat burung burung and sijil banci, the latter two issued by the CM’s Dept.

The issue in law is having an identity.

Home Minister Syed Hamid Albar announced in KK many years ago that everyone in Malaysia would have an identity but not necessarily a Malaysian identity.

He was in KK to hand a blue IC to a senior Sino lady who had lost her IC.

The JPN gave her a red IC as her father was from China. She refused to take it. The news was in the DE and many papers and reached Putrajaya. I covered the story for malaysiakini. The story became controversial.

The system exists. The PTI cannot avoid the system forever. My blog piece on IMM13 and related issues addresses the problem. I cited the Federal court.

I handled one case where a waitress, illiterate, was detained at Rumah Merah.

Taking my cue from Syed Hamid, I helped prepare her appeal pro bono to various authorities to be given an identity. She had a local birth cert. Both her parents, in a kampung somewhere, were PTI who came some 30 years ago. They had dubious ICs which were confiscated.

Notwithstanding her appeals, she was deported to the Philippines. There, she was detained, and deported back. Rumah Merah released her.

She came back to work at the same restaurant. Apparently, she was sorting out some sort of paperwork at JPN. I was not allowed to get involved.

Then, CV-19 came and the restaurant closed.

The PTI are very suspicious. They don’t trust anyone except their people.

In Australia, for example, the PTI will always approach human rights NGOs and seek legal help as well.

In Malaysia, it’s a humanitarian tragedy. The PTI children are not in school. Many become street kids. I see them sniffing glue.

The PTI issue can only be resolved if it’s not politicised. We have to look at the law in addressing the issue.

It’s easy to say that the PTI should be deported. It can only happen in the case of people who have been in the country less than ten years.

No details on autonomy in a Jeffrey Kitingan video that’s making the rounds.

When was the video made?

What steps can be taken?

Najib, before GE14, offered to delegate greater administrative powers to Sabah and Sarawak by way of devolution.

PH set up a special committee on MA63.

It has now been placed under the OSA by PN.

After criticisms, PN has set up a Council on MA63 because of the snap Sabah election.

We won’t hear of the Council after the Sabah polls. Then, it will be dredged up when GE15 comes.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/21/addressing-pti-issue-key-to-winning-snap-sabah-election/

All parties in snap Sabah election must not ignore the elephant in the room: the PTI.

CV-19 . . . Candidates in snap Sabah polls can choose lawmakers for seats

https://www.malaysiakini.com/news/543635

https://www.malaysiakini.com/news/543624

https://www.malaymail.com/news/malaysia/2020/09/22/covid-19-mma-calls-for-stricter-sop-enforcement-in-sabah/1905662

https://www.freemalaysiatoday.com/category/nation/2020/09/22/doctors-say-quarantine-may-be-necessary-after-sabah-polls-over-lax-sop/

Given CV-19, the court should accept novel development in law and allow the candidates themselves to choose who should represent a seat in the legislature.

The “election” can be over in three minutes.

No candidate can vote for himself.

If no candidate gets 51 per cent of the vote, there should be a runoff between the two top candidates.

In that case, the “election” would take six minutes.

Also, reform the first past the post electoral system to mandate that the winner must have secured 51 per cent of the votes counted. If no candidate secures 51 per cent, the top two candidates can participate in a runoff;

Reform the first past the post electoral system to create non-constituency seats in the legislature. Such seats can be reserved for political parties which failed to win a seat but gathered two per cent of the votes counted nationwide.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/03/youth-breath-of-fresh-air-to-drain-swamp-of-rotten-politics-corruption/

Let’s face it, the Youth would not feel comfortable with old geezers.

High time world learns to live and let live with novel Corona virus

Doctors are in a much better position to treat severe illness. Two steroid treatments have been found to reduce the risk of death in the seriously ill, while much has been learned about how Covid behaves, which means hospitals will be better prepared for problems such as blood clots and kidney damage.

It means many are confident the scale of deaths seen earlier will not be repeated.

https://www.bbc.com/news/health-54228649

This is what I have been saying for so long.

Don’t believe the communists. They are great liars. They probably unleashed the virus to benefit from the chaos created.

China must not be allowed to benefit from the chaos brought by CV-19.

The so-called experts and Big Pharma have failed the world on the pandemic.

They can take their data, predictive models and science and shuff them up the ass.

The world, plagued by incredible stupidity, fighting losing battle against CV-19.

High time we learn to live and let live with the novel Corona virus.

The onus is on the people to make sure the virus has no place to go and dies out.

It’s high time to recognise that the cure cannot be worse than the disease.

Virus or no virus, infections or no infections, vaccine or no vaccine, the economy should be the priority for gov’ts although it’s argued that there would be no economy without resolving a public healthcare crisis.

If economy is not made the priority by gov’ts, the living will envy the dead. We cannot allow the economy to collapse and implode.

So far, gov’ts have enforced shutdowns and lockdowns for only one reason: to keep a lid on hospitalisations. Otherwise, it’s feared that the public healthcare system will collapse and implode. So far, as far as can be seen, this collapse has not happened anywhere in the world including in the US, India and Brazil, the countries with the highest number of virus cases in the world.

Shutdowns and lockdowns, unless confined to local communities, are grave strategic errors.

The media is clearly not helping by spreading public alarm by an inability to connect the dots.

There’s no cause for public alarm as long as the number of deaths possibly arising from symptoms ALSO related to the CV-19 remain at a fraction of the deaths from non-CV-19 causes. Again, what matters is the mortality rate per thousand in CV-19 cases vs non-CV-19 cases.

If non-masking in public is the reason for the rise in virus cases, it’s common sense to wear the mask. However, it may not be so simple as that. The jury is still out on whether masking in public can help reduce the number of virus cases.

It’s accepted that the respiratory system must be protected from even the slight breeze that carries dust-laden virus particles. If that’s the case, it’s better to be safe than sorry. Keep on the safe side in public and wear the mask. This can only be a personal choice.

No law can invade private space and make mask-wearing mandatory.

However, there can be a law which states that those found without a mask in public can be sent home.

https://www.dailymail.co.uk/news/article-8755321/Professor-Chris-Whitty-warns-UK-heading-wrong-direction.html

https://www.theguardian.com/world/2020/sep/20/patrick-vallance-chris-whitty-uk-critical-point-covid-19-top-scientists-public-coronavirus

https://www.mirror.co.uk/news/politics/london-tipped-new-lockdown-in-22714576

PBS tells Malaya to FO, Sabah NO to colonial divide and rule tactics

https://www.malaysiakini.com/news/543439

https://www.malaysiakini.com/news/543442

PBS tells Malaya to FO, Sabah NO to colonial divide and rule tactics.

Deja vu post-snap Sabah election, matter will end up in court, Federal court must take serious view, end power grabs once and for all.

Musa Aman case should have been settled in two weeks, no end in sight two years later.

The politics of Sabah will never be stable until a non-Muslim Orang Asal becomes Chief Minister as when PBS was the gov’t from 1985 to 1994.

In the snap Sabah elections, 73 seats are at stake. This includes 13 new seats including six reportedly with substantial Orang Asal voters.

Musa’s younger brother, former Foreign Minister Anifah Aman, is leading Parti Cinta Sabah (PCS) in the fray. Musa is staying out as publicly advised by Anifah.

It’s said that 22 of the 73 seats in the Sabah state legislative assembly are non-Muslim Orang Asal.

This is a figure which has hardly changed from 1994 when the PBS gov’t was overthrown.

In 1994, there were 48 seats in the state assembly viz. 20 non-Muslim Orang Asal, 8 Chinese, 20 Muslim including Orang Asal.

After 1994, 12 tiny non-Orang Asal Muslim seats were created in the east coast to bring the total in the state assembly to 60 until GE14 which saw a Muslim Orang Asal from the Dusun community, Musa Aman, being appointed Chief Minister. The rest is history.

In Sarawak, in a little digression, the Orang Asal seats are divided among all parties in gov’t while giving Muslim seats only to PBB and Chinese seats to SUPP. This weakens the Orang Asal while strengthening others at their expense.

In addition, the parti parti Malaya are in Borneo to steal even more seats to add to their strength in Parliament, indeed even the state assembly, at the expense of local parties.

This is like adding insult to injury.

The non-Muslim Orang Asal in North Borneo and Sarawak will be weak in the Opposition, even weaker in gov’t.

The non-Muslim Orang Asal have been denied the benefits of Article 153 and the NEP. No non-Muslim Orang Asal has been Prime Minister, Deputy Prime Minister, AG, IGP or Armed Forces chiefs.

The Orang Asal should be in gov’t only if they can initiate, form and lead it.

They should get their politics and relationships right.

At present, the Orang Asal are plagued by frogs, masquerading as leaders, who latch on to Malay YouKnowWhat in Malaya and subscribe to the CTCP Syndrome at the expense of Borneo rights.

The Orang Asal, including Muslim, should form a united, neutral and independent bloc in the legislature, both the state assembly and Parliament. They can support the gov’t on a Bill to Bill basis subject to consensus on matters of public concern and public interest.

This includes the Malaysia Agreement 1963 (MA63), the basis for North Borneo and Sarawak in Malaysia with Malaya as Equal Partners.

Malaysia Day, 16 Sept 1963, has turned out to be Occupation Day as the Federal gov’t has been non-compliant on MA63.

The Federal court ruled not so long ago, citing the Article on law in the Federal Constitution, that MA63 is only law if incorporated in the Federal Constitution.

At the same time, the Federal court has upheld the sanctity of MA63 through several case laws.

The issue is not law but force of law.

The Federal Constitution itself is not law, but as the ultimate political document for Malaya, it has force of law. Hence, the Federal Constitution is the supreme law of the land.

MA63 exists, whether incorporated in the Federal Constitution or otherwise, and has force of law as the ultimate political document for North Borneo and Sarawak in Malaysia.

The Malaysia Constitution, mentioned in MA63, must be read as an uncodified/unwritten Constitution for North Borneo and Sarawak based on MA63, the other constitutional documents on Malaysia including Batu Sumpah, the Federal Constitution and case laws.

The politics among the Orang Asal communities in North Borneo and Sarawak are not about democracy and the rule of law but new forms of tribalism and feudalism as evident in the profusion of Orang Asal political parties with hardcore card carrying members.

The Orang Asal are not about politics, race or religion but ancestral and historical property rights, NCR land as heritage, first secured by working the land in the emptiness and vastness of a geographical expanse bound by water, jungle and mountain.

NCR land is governed by Adat, Native Court, Article 161A, Article 13, Article 5, Article 8, Batu Sumpah and the other constitutional documents on Malaysia including the Malaysia Agreement 1963 (MA63).

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/21/batu-sumpah-ma63-outdated-issues-in-snap-sabah-election/

North Borneo, Sarawak, governed by uncodified/unwritten Malaysia Constitution.

I ‘taroh’ Akjan vaatever kaw kaw on Sabah claim

I met Akjan vaatever at lawyer P. J. Pereira’s house one Christmas.

Somehow, the Sabah claim came up and I taroh him kaw kaw!

All the Pilak (Filipinos) with him became hysterical although their English sucked.

Periera never again invited us to his house for Christmas.

Akjan vaatever has no legs to stand on.

He’s probably a stateless person, having been in Sabah more than ten years illegally, if he entered legally.

The jury is still out on whether he can be “deported” by the backdoor since he reportedly entered by the backdoor.

There’s no jus soli (birthplace) citizenship in Malaysia.

Citizenship in Malaysia, under operation of law, is by jus sanguinis (blood) i.e. descent from a citizen.

Foreigners can apply for citizenship by naturalisation, registration, and certificate.

If you are born before either parent is naturalised, you can register to become a citizen.

The marriage cert of parents also comes into play.

I taroh people kaw kaw! Don’t start anything. Otherwise, I have to finish it.

It’s true that I have no friends. I don’t believe in making friends and influencing people.

Like America, I need an endless supply of enemies.

Like Mahathir, I don’t believe in having friends.

Mustapha once told me that Mahathir is not a human being because he has no friends.

It’s not true that only those with friends are human beings.

Those who have no friends are their own best friends.

Having said that, today some of my worst enemies consider me as their best friend.

Enemies will always turn up for our funeral.

They are the first to carry the coffin.

Read here . . .

https://fernzthegreat.wordpress.com/2020/06/18/the-govt-by-inaction-in-law-cannot-deport-illegal-immigrants-in-msia-since-merdeka-msia-day/

All parties in snap Sabah election are ignoring the elephant in the room: the PTI.

They must state clearly their policy statement on the PTI.

What should be done with them?

Should they be given documents to allow them to stay in Sabah indefinately.

No one can beat my blog piece on IMM13 and related issues.

Anyone who repeats the contents will win the election.

Parliament can declare Amnesty for illegal immigrants who came in by a certain cutoff deadline. The cutoff deadline can be fixed at nine years before the decision to offer Amnesty.

The onus is on illegal immigrants in Malaysia to prove that they qualify for Amnesty, if declared and offered.

Amnesty would facilitate the gov’t to give illegal immigrants an identity. It may be by way of Special Pass, renewable yearly, before moving on to green MyKads. They can be given a Certificate of Identity to enable them to travel.

The illegal immigrants who came in the last nine years can be given three months grace to leave the country. If they fail to do so, the gov’t has no choice but act within six months against them or risk those involved being considered by their home countries as “having lost their citizenship”.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/21/batu-sumpah-ma63-outdated-issues-in-snap-sabah-election/

North Borneo, Sarawak, governed by uncodified/unwritten Malaysia Constitution.

Malaysia Constitution based on MA63, other constitutional documents on Malaysia including Batu Sumpah, Federal Constitution and case laws.

Batu Sumpah, MA63, outdated issues in snap Sabah election

https://www.malaysiakini.com/news/543418

https://www.malaysiakini.com/news/543317

It’s outdated for politicians to harp on Batu Sumpah and even the Malaysia Agreement 1963 (MA63).

Though the IGC Report and the Malaysia Agreement were not fully incorporated into the Malaysia Act and the Federal Constitution, their sanctity and quasi-constitutional status have been reiterated by our courts in several decided cases.

Among them are Sugumar Balakrishnan (2002), Datuk Hj Muhammad Tufail (2009), Robert Linggi (2011), Fung Fon Chen@ Bernard (2012), and the scintillating dissenting judgment of the then Chief Judge of Sabah and Sarawak, Tan Sri David Wong Dak Wah, in TR Sandah Ak Tabau (2019).

North Borneo, Sarawak, is governed by an uncodified/unwritten Malaysia Constitution.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/19/north-borneo-sarawak-governed-by-uncodified-unwritten-malaysia-constitution/

Malaysia Constitution is based on MA63, other constitutional documents on Malaysia including Batu Sumpah, Federal Constitution and case laws.

The Malaysia Agreement was signed on July 9,1963.

Subsequently, a monumental amendment to the Federal Constitution in the form of the Malaysia Act (No 26 of 1963) was passed in the Federal Parliament with effect from Sept 16,1963.

The amendment gave effect to most, but not all, of the demands as well as negotiated settlements.

The Malaysia Act rewrote the Merdeka Constitution to accommodate the realities of a new, enlarged and immensely more diverse nation.

Eighty-seven out of 181 Articles and 10 out of 13 Schedules of the Federal Constitution were amended.

Thirty-five new articles were inserted to grant to Sabah and Sarawak guarantees of their autonomy and special position.

https://fernzthegreat.wordpress.com/2020/06/18/the-govt-by-inaction-in-law-cannot-deport-illegal-immigrants-in-msia-since-merdeka-msia-day/

All parties in snap Sabah election are ignoring the elephant in the room: the PTI.

They must state clearly their policy statement on the PTI.

What should be done with them?

Should they be given documents to allow them to stay in Sabah indefinately.

No one can beat my blog piece on IMM13 and related issues.

Anyone who repeats the contents will win the election.

Parliament can declare Amnesty for illegal immigrants who came in by a certain cutoff deadline. The cutoff deadline can be fixed at nine years before the decision to offer Amnesty.

The onus is on illegal immigrants in Malaysia to prove that they qualify for Amnesty, if declared and offered.

Amnesty would facilitate the gov’t to give illegal immigrants an identity. It may be by way of Special Pass, renewable yearly, before moving on to green MyKads. They can be given a Certificate of Identity to enable them to travel.

The illegal immigrants who came in the last nine years can be given three months grace to leave the country. If they fail to do so, the gov’t has no choice but act within six months against them or risk those involved being considered by their home countries as “having lost their citizenship”.

Addressing PTI issue key to winning snap Sabah election

https://fernzthegreat.wordpress.com/2020/06/18/the-govt-by-inaction-in-law-cannot-deport-illegal-immigrants-in-msia-since-merdeka-msia-day/

All parties in snap Sabah election must not ignore the elephant in the room: the PTI.

They must state clearly their policy statement on the PTI.

What should be done with them?

Should they be given documents to allow them to stay in Sabah indefinately.

No one can beat my blog piece on IMM13 and related issues.

Anyone who repeats the contents will win the election.

Parliament can declare Amnesty for illegal immigrants who came in by a certain cutoff deadline. The cutoff deadline can be fixed at nine years before the decision to offer Amnesty.

The onus is on illegal immigrants in Malaysia to prove that they qualify for Amnesty, if declared and offered.

Amnesty would facilitate the gov’t to give illegal immigrants an identity. It may be by way of Special Pass, renewable yearly, before moving on to green MyKads. They can be given a Certificate of Identity to enable them to travel.

The illegal immigrants who came in the last nine years can be given three months grace to leave the country. If they fail to do so, the gov’t has no choice but act within six months against them or risk those involved being considered by their home countries as “having lost their citizenship”.

https://www.malaysiakini.com/news/543418

https://www.malaysiakini.com/news/543317

It’s outdated for politicians to harp on Batu Sumpah and even the Malaysia Agreement 1963 (MA63).

Though the IGC Report and the Malaysia Agreement were not fully incorporated into the Malaysia Act and the Federal Constitution, their sanctity and quasi-constitutional status have been reiterated by our courts in several decided cases.

Among them are Sugumar Balakrishnan (2002), Datuk Hj Muhammad Tufail (2009), Robert Linggi (2011), Fung Fon Chen@ Bernard (2012), and the scintillating dissenting judgment of the then Chief Judge of Sabah and Sarawak, Tan Sri David Wong Dak Wah, in TR Sandah Ak Tabau (2019).

North Borneo, Sarawak, is governed by an uncodified/unwritten Malaysia Constitution.

Read further here . . .

https://fernzthegreat.wordpress.com/2020/09/19/north-borneo-sarawak-governed-by-uncodified-unwritten-malaysia-constitution/

Malaysia Constitution is based on MA63, other constitutional documents on Malaysia including Batu Sumpah, Federal Constitution and case laws.

The Malaysia Agreement was signed on July 9,1963.

Subsequently, a monumental amendment to the Federal Constitution in the form of the Malaysia Act (No 26 of 1963) was passed in the Federal Parliament with effect from Sept 16,1963.

The amendment gave effect to most, but not all, of the demands as well as negotiated settlements.

The Malaysia Act rewrote the Merdeka Constitution to accommodate the realities of a new, enlarged and immensely more diverse nation.

Eighty-seven out of 181 Articles and 10 out of 13 Schedules of the Federal Constitution were amended.

Thirty-five new articles were inserted to grant to Sabah and Sarawak guarantees of their autonomy and special position.