Putrajaya stop collecting taxes in Sabah, Sarawak

What’s in that report? 

Invoking Article VIII MA63 Way Forward

Dear Editor,

The longrunning speculation that the Malaysia Agreement 1963 (MA63) was not valid, purportedly given Singapore’s exit in 1965, is just Opinion. It’s not law. Only the court can declare law. The MA63 remains valid as long as the court does not rule otherwise. In fact, no court will rule the MA63 invalid.

If a court rules the MA63 invalid, Malaysia would fall apart. There would be no basis for Sabah and Sarawak to be with Malaya.

It’s obvious the Committee discussions on MA63 probably realised the Federal gov’t was party to illegalities — read non-compliance — in Sabah and Sarawak.

So, it’s not surprising the discussions were placed under the Official Secrets Act (OSA).

This is like placing discussions on the Federal Constitution under the OSA.

It just won’t hold water. The INTENTION of Parliament on OSA was not to allow the Act to be used to cover up illegalities.

Sikit sikit, OSA!

It was not so long that the Federal court declared case law on MA63 by citing the Federal Constitution. It said that MA63 was not law and that only what has been incorporated in the Federal Constitution, from the Document, was law.

No one will say MA63 was law just as the Federal Constitution was not law.

MA63, being the ultimate political document for Sabah and Sarawak, has force of law. Likewise, the Federal Constitution has force of law, being the ultimate political document for the Federation.

Sabah and Sarawak are in fact governed by an unwritten/uncodified — i.e. not in one place — Constitution, the Malaysia Constitution, based on the constitutional documents on Malaysia.

The declassified documents on Malaysia, released by the Colonial Office in London and/or the UK gov’t, are official history which backs up the Malaysia Constitution.

After over 50 years of Federal gov’t non-compliance on MA63, the committee discussions are too little, too late.

The way forward would be for Sabah and Sarawak to Invoke Article VIII of MA63 for a new form of self-determination. Malaysia Day, 16 Sept 1963, was a form of self-determination which quickly degenerated into internal colonisation.

The grinding poverty of Sabah and Sarawak continues because wealth continues to be transferred from those who have no power (the Borneo states) to those who have power (Malaya) by unbridled corruption.

Colonisation has been outlawed by international law as a form of criminal enterprise to accumulate capital.

In the case of South Sudan, the UN Security Council found the territory had been internally colonised by Sudan. The UN pushed for self-determination, Referendum and independence in South Sudan.

Before GE14, then Prime Minister Najib offered to delegate greater administrative powers to Sabah and Sarawak. Malaysia Day, 31 Aug 1957, was the transfer of the Administration of Sabah and Sarawak by the British colonialists to the Malayan gov’t.

Post-GE14, Putrajaya should have followed up on Najib’s offer. Instead, it formed the Committee on MA63.

All politics are about the restructuring of the distribution of power and restructuring the distribution of revenue and resources.

Between now and Invoking Article VIII, Sabah and Sarawak should push for the return of local gov’t elections and taxes to be levied only at the local level since most development is not national or at the state level.

The Federal gov’t should stop collecting taxes in Borneo. The local gov’t can pass a share of the taxes to the state gov’ts and Federal gov’t.

Joe Fernandez

Malaysiakini’s former Sabah Correspondent Joe Fernandez, a longtime Borneo watcher, can be found blogging these days at FernzTheGreat.

He prefers to focus, at the risk of repetition, on a small number of issues which touch on law, human rights and the English language.

Read further here . . .

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.

3 thoughts on “Putrajaya stop collecting taxes in Sabah, Sarawak”

  1. Hello Mr Fernandez,
    Your profile says, “Joe Fernandez holds a honours degree in management, majoring in economics, and is completing a law degree.”
    Have you completed the law degree? It has been so for many years.
    Thank you
    Muthu Kumaran


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