Jeffrey Kitingan flogging MA63 just to win a seat, has no way forward

https://www.thestar.com.my/news/nation/2020/03/15/questions-raised-over-cabinet-line-up

Umno . . .

The issue is the 11 Azmin MPs having 10 Minister’s posts. Kumar is deputy Minister.

Umno can pull out from the Muhyiddin-Azmin Ali gov’t and form one with PH to kill Bersatu once and for all.

Anwar would be Prime Minister and DAP hold the Finance Minister’s post.

PAS would be left out since it’s against Anwar being PM. GPS is against DAP in the Federal gov’t.

GPS . . .

Sarawak’s proposal on Article 160(2) is against the Basic Structure Doctrine inherent in the Federal Constitution.

The Federal Constitution is not the Malaysian Constitution (read Borneo).

The Federal Constitution is about the Federation set up under the 1948 Agreement, reinforced by 1957.

Malaysia Day, 1963, is about the uncodified/unwritten Malaysian Constitution which includes the Federal Constitution.

Borneo . . .

All parti parti Malaya in Borneo should stop operating in Sabah and Sarawak. The EC should take note and remove their symbols from the electoral rolls.

The 57 Borneo MPs should be increased to 75 (one third plus one) out of 222 seats and form a united, neutral and independent bloc, 3rd Force, in the Malaysian Parliament.

The MPs should support, or oppose Putrajaya, on a Bill to Bill basis. There should be a Borneo whip in the Malaysian Parliament.

The next step would be to bring back local gov’t elections in Borneo since most development is local. Except for oil and gas, all other taxes should be levied at the local gov’t level only.

Sabah and Sarawak should be divided into states and/or territories. There should be Federal gov’ts in Sabah and Sarawak and regional Parliaments in Borneo.

The Federal gov’t of Malaya should be brought back and the Malayan Parliament returned as a regional house.

Borneo should participate in only four Malaysian Federal/Confederal Cabinet posts without forming a unity gov’t or coalition gov’t viz. defence, internal security, foreign affairs, and Malaysian Common Market (eg. Customs Dept etc).

Once local gov’t elections are brought back, the Federal/Confederal gov’t should stop collecting all revenue in Borneo. The Sabah and Sarawak gov’ts would collect oil and gas revenue.

Sabah and Sarawak would contribute a fair share for the upkeep of the four portfolios only.

This is in line with the spirit of Article VIII of MA63.

All other Federal/Confederal ministries and depts should not be in Borneo.

The legislative assemblies of Sabah and Sarawak should Invoke Article VIII of MA63 for a new form of self-determination as the way forward on autonomy, self-government and independence.

The UN Sec-Gen, UNSC, Commonwealth Sec-Gen and Queen Elizabeth should be informed and kept updated.

Malaysia Day, 16 Sept 1963, was one form of self-determination but the Federal/Confederal gov’t/Malaya has been non-compliant on MA63.

MA63 is history. It’s pointless flogging a dead horse. Jeffrey Kitingan, for example, has been flogging MA63 just to win a seat. He has no way forward.

The only piece of MA63 that remains is Article VIII.

The gov’ts in Sabah and Sarawak should be Putrajaya-neutral. They should not say that they support this or that leader in Malaya. There’s no reason to get involved in the politics of Malaya or take sides.

Pending independence, Borneo can also take the initiative and form and lead the Federal/Confederal gov’t in alliance with one of the two sides in Malaya.

In that case, Borneo would hold the PM’s post. Malaya would hold DPM 1 and either Sabah or Sarawak DPM 2.

Borneo, once independent, should remain in the Malaysian Common Market, just as the UK was once a member of the European Common Market.

The Malaysian Common Market should remain a Customs Union only. It should not degenerate, like the EU, into a Union or Community.

Borneo can participate in the Asean Customs Union if it comes about.

No court in the world will go against Sabah and Sarawak if they Invoke Article VIII of MA63.

It’s not necessary that the Malaysian Parliament should also Invoke Article VIII of MA63. It can take note that Sabah and Sarawak have done so.

Once the assemblies in Sabah and Sarawak Invoke Article VIII, the Borneo cabinets can take note, and direct the secretaries to inform the chief secretary who is also the Federal/Confederal Cabinet Secretary.

The chief secretary can inform the Federal/Confederal Cabinet. The Prime Minister can inform the Malaysian Parliament.

The Malaysian Confederation of Sabah, Sarawak and Malaya would be known in brief as Malaysia.

Once Sabah and Sarawak are independent, the people in the two Borneo territories would no longer be known as Malaysians although the Malaysian Common Market continues.

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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