Malaysia not Federation but Equal Partnership, Malaya is Federation

We can’t have Article 1(2) of the Federal Constitution referring to North Borneo and Sarawak suddenly, out of the blue.

When there’s conflict of issues, like Article 1(2), only the court can resolve the matter.

Parliament is not the right forum.

In law, there must be source to have jurisdiction, authority and power.

The six words are important . . . “Pursuant to the Malaysia Agreement 1963 . . .”

There must be a paragraph under the Definition of Federation in Article 160(2) to Define Malaysia as per Article 1 MA63.

This is not about two definitions of Federation in Article 160(2).

One is the Definition of Federation as per the Federation of Malaya Agreement 1948 reinforced by the Federation of Malaya Independence Act 1957.

The other is the Definition of Malaysia as per Article 1 of MA63.

Malaysia is not Federation but Equal Partnership. Malaya is Federation.

Equal Partnership. Equal Status in Law.

High Court of Malaya.

High Court of Borneo.

Federation of Malaya Agreement was in 1948.

1957 was the Federation of Malaya Independence Act.

The 1957 in the Definition of Federation in Article 160 (2) is a reference to the Federation of Malaya Independence Act but mistakenly written as Federation of Malaya Agreement.

MA63, according to international law, is invalid.

What’s the basis in international law for North Borneo and Sarawak to be in Federation with Malaya?

The people in Borneo can’t be party to an illegality i.e. Malaya occupying their homelands.

It’s the INTENTION of the Founding Fathers and the INTENTION of the people in Borneo on 16 Sept 1963 that matter in law . . . spirit of the law more important than letter of the law in rule of law.

Just letter of the law alone is not law, it’s dictatorship.

Until MA63 is declared invalid by a court or ICJ, it’s still valid.

So, the way forward is to Invoke Article 8 of MA63 on self-determination.

Incompatibility, under the principles of self-determination, rules out peaceful co-existence.

The Malaysia Constitution exists.

When it comes to Borneo on the Malaysia Constitution, the High Court of Borneo and Federal Court must read MA63, Batu Sumpah and the other constitutional documents on Malaysia together with the Federal Constitution.

MA63 refers to the Malaysia Constitution but does not say it must be written/codified.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

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