Listen to soft instrumental music for 15 to 20 mins before bed to calm the emotions and have a restful night . . .
BREAKING NEWS . . . Human rights advocate queries NRD on Malay MyKads in Sabah.
1st Prong Definition of Malay in Article 160(2) not blank cheque to issue Malay MyKads to any Tom, Dick and Harry, 1st Prong only related to 2nd Prong.
Mon 10 Aug 2020
Director General
Jabatan Pendaftaran Negara Putrajaya,
Kementerian Dalam Negeri,
No 20, Persiaran Perdana, Presint 2
Pusat Pentadbiran Kerajaan Persekutuan
62551 Wilayah Persekutuan Putrajaya
Telefon: 03-8000 8000
Faks: 03-8880 8288
URGENT QUERY
Dear Sir,
Documents listing holders in Sabah as Malay
I refer to the documents attached where the holders are listed as Malay in Sabah and registered with the Election Commission of Malaysia.
The Malay category in Sabah recorded by the Statistics Dept also refers.
Also, Dr Chong Eng Leong says in his book, “Lest We Forget” – Security and Sovereignty in Sabah, that there were 303, 500 Malays in Sabah in 2000.
Briefly, I would like to enquire whether the attached documents are genuine.
If so, are the holders eligible to hold and entitled to obtain them?
Are the holders descendants of Malays in Singapore and Malaya as per the 2nd Prong of the Definition of Malay in Article 160(2) in the Federal Constitution?
Alternatively, were the holders given these documents solely under the 1st Prong of the Definition of Malay in Article 160(2) in the Federal Constitution i.e. with no reference to the 2nd Prong?
I believe that the 1st Prong cannot be read in isolation from the 2nd Prong. The 1st Prong, to the best of my knowledge refers solely to the 2nd Prong.
In short, the 1st Prong is not a licence to issue Malay MyKads to any Ahmad, Ismail and Kamal in Malaysia including in Sabah.
I believe the Definition is confined to Malaya and Singapore. (The Definition of Malay in Singapore before and/or after independence from Malaysia is under Article 152).
Briefly, the 2nd Prong of the Definition reads that (a) Muslims, able to speak Malay, and born before Merdeka in Malaya or Singapore, or born of parents one of whom was born in Malaya or Singapore, or is on that day (i.e. Merdeka) domiciled in Malaya or Singapore are Malay; and (b) the issue of such a person i.e. in (a) is Malay.
Given the construction of the 2nd Prong, there’s no basis for the 1st Prong to refer to Malay culture, customs and traditions, when Malay in the 2nd Prong is not race but a form of identity for the Muslims concerned.
Obviously, the Definition was about creating a form of identity for Muslims in Malaya and Singapore who are governed by the Merdeka cutoff deadline.
There’s case law in Malaya that states that the Definition of Malay in Article 160(2) is not race but anthropology.
Palm Oil (Malaysia) Sdn Bhd v. Che Mariah Mohd Tahir (Trading as Delta Mec Enterprise) [1994] 3 CLJ 638.
If it’s anthropology, Islam which came from a place far away, from Gujerat in western India, should not be mentioned in the Definition.
Clearly, the said case law does not stand.
I look forward to hearing from you soon. Silence is not an option.
So far, I have already written four letters to the Dept on the same issue. I have yet to receive any reply.
Please be informed that I intend to take up the matter further in the High Court of Borneo as it involves a matter of public concern and public interest.
It involves the sovereignty of the people of Sabah in particular and national security.
Thank you
Your’s faithfully
(Daniel John Jambun)
MyKad No: 570205 – 12 – 5021
Mobile No: +60108786993
cc
Attorney General Yg Bhg Tan Sri Idrus Harun
Attorney General Chambers Of Malaysia
45, Persiaran Perdana, Presint 4,
62100 Putrajaya,
Wilayah Persekutuan Putrajaya
Attorney General Chambers Of Malaysia
45, Persiaran Perdana, Presint 4,
62100 Putrajaya,
Wilayah Persekutuan Putrajaya
Yg Bhg Azmi Shahrom
Acting Chairman
Election Commission of Malaysia
2, Jalan P2T, Presint 2, Pusat Pentadbiran Kerajaan Persekutuan, 62100, Putrajaya
Yg Bhg Datuk Seri Mohd Uzir Mahidin
Chief Statistician Malaysia
Department of Statistics, Malaysia
Block C6, Complex C,
Federal Government Administrative Centre,
62514, PUTRAJAYA
Tel : 03-8885 7000
Fax : 03-8888 9248
Email : info@dosm.gov.my (general enquiries)
data@dosm.gov.my (data request & enquiries)
Website : https://www.dosm.gov.my
Address: P. O. Box, A-148, 89357, Inanam, Kota Kinabalu, Sabah
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