Philippines can only get EssZone in Sabah by military force

Philippines can only get EssZone in Sabah by military force.

Shafie Apdal, Warisan, may be ‘fish out of water’ in Sabah politics.

Shafie: I would rather ‘die’ in political battle.

If SA had not called for the snap Sabah polls on Sept 26, he would still be CM today. He would not be required to resign on 30 July 2020 just because the media said that 33 state assemblymen wanted to overthrow him.

The Governor, once bitten twice shy, would have remained above the fray. Musa Aman’s case on being “dismissed” as CM on 12 May 2018 is before the Federal court.

Already, the Federal court in granting leave to MA, said the Governor not being sultan has no “residual” powers and the Perak case law does not apply to Sabah.

The Federal court can be expected to restore the sanctity of the Sabah Constitution. It will also rule on 10 to 12 constitutional questions submitted by MA.

SA’s statement that he would rather die in political battle implies a strong sense of proprietorship. Sabah and Sarawak belong to the Orang Asal.

SA, in the run-up to GE14, likewise said, “Sabah ini kita punya, kita ubah”.

Warisan’s alleged focus on the PTI is no political ideology.

Sabah does not belong to the Philippines.

Manila is flogging a dead horse on the Sabah claim, a reference to EssZone along the eastern seaboard.

Macapagal said in 1962 that the Sabah claim would not arise if the British gave independence to North Borneo before they depart. Still, the British refused to grant independence to North Borneo and instead transferred administration of the territory to the Malayan gov’t.

The only way Manila can get EssZone is if it militarily seizes it. Then, the BS UNSC would come in with a non-binding Resolution, and enforce a ceasefire along the line of control and supervised by the Blue Helmets, the UN Peacekeepers.

The ICJ would not entertain a case if both Malaysia and the Philippines don’t approach it. There’s no reason for the Philippines to go to the ICJ after militarily seizing EssZone.

Therein the matter would lie for eternity unless Malaysia seizes back EssZone by military force.

Of course, the UNSC can refer the Sabah claim to the ICJ but that’s another story.

In the case before ICJ on Pulau Sipadan and Pulau Ligitan, between Malaysia and Indonesia, the UN advisory body rejected an Application by the Philippines to observe the proceedings and/or intervene.

Najib declared EssZone, under EssCOM, to prevent the Philippines from militarily seizing the territory.

The jury is still out on whether Malaysia can prevent the Philippines from militarily seizing EssZone. Malaysia is a weak country made weaker by quarreling with India, Israel, the US, Australia, Singapore and Hong Kong, among others, and not avoiding international pariah nations like Turkey, Pakistan, Iran, China and North Korea, among others.

Mahathir has been an unmitigated disaster for Malaysia’s foreign policy.

There’s some suspicion that Beijing, given its problems with the Philippines in the South China Sea, would look the other way if Manila seizes EssZone. China is a veto-wielding permanent member of the UN Security Council.

In return, Manila probably has to drop some or all of its opposition to China in the South China Sea.

Having said that, there are parallels between SA and Anwar Ibrahim when it comes to making fiery speeches.

SA managed to seize control of the Sabah gov’t on 12 May 2018 from Musa Aman and thereafter fizzled out. Somehow, he could never get anything right.

The IMM13 and PSS issues are examples. It’s said that SA was misled, whether deliberately or otherwise, by Putrajaya on the issues. When the sxit hit the ceiling fan, he found himself alone. Jeffrey Kitingan wasted no time in pouncing on the political hot potatos. That helped him return to the Sabah gov’t as DCM. He abandoned the lowly, virtually “insulting”, deputy Tourism Minister’s post in Putrajaya.

MA may be dismissed by his critics as “the vacuum cleaner” but he was an administrator par excellence. No one can pluck even a hair from his YouKnowWhat.

He was bogged down by the Philippines transfering its poverty to Sabah.

The 46 charges against MA were probably politically motivated. That’s why they had to be dropped by the court when he wrote a letter of representation with a supporting affidavit by Gani Patail to the AG. The court did not address allegations that GP and MA were probably related by marriage.

There was no evidence in court that banks asked MA the source of the US$380m he claimed were political donations, IRB did not query him and Bank Negara did not probe money laundering.

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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