NGO calls for Federal court to resolve status of Sabah, Sarawak, in Malaysia

https://www.malaymail.com/news/malaysia/2021/04/02/no-need-to-win-big-in-ge15-to-implement-sarawaks-proposal-to-redefine-feder/1963281

https://www.malaymail.com/news/malaysia/2021/04/01/muhyiddin-says-needs-to-win-big-in-ge15-to-implement-sarawaks-proposal-to-r/1963077

https://dayakdaily.com/abang-jo-hopes-swak-sabah-get-2-3-of-parliamentary-seats-with-article-160-2-amendment/

LETTER TO EDITOR . . . REACTION

NGO calls for Federal court to resolve status of Sabah, Sarawak, in Malaysia

Putrajaya has no ‘political will’ to comply with the Malaysia Agreement 1963 (MA63)

REACTION . . . We refer to recent statements — see links — by Prime Minister Muhyiddin Yassin and Chief Minister Abang Johari, and others, on the status of Sabah and Sarawak in Malaysia.

This is a matter best left to the High Court of Borneo, with reference to the Federal court.

Henceforth, probably no party/coalition in M’sia will get two thirds majority in Parliament to Amend the Federal Constitution.

In any case, a two thirds majority would not be necessary if Parliament can work on Sabah and Sarawak on a bipartisan basis.

Putrajaya appears to have no “political will” to comply with the Malaysia Agreement 1963 (MA63).

It was Muhyiddin who placed the Pakatan Harapan (PH) gov’t’s deliberations on MA63 under the Official Secrets Act (OSA). He was Home Minister in the PH gov’t and was party to the deliberations on MA63.

Then, after a hue and cry, he announced the Council on MA63. Nothing has been heard so far on the Council.

Under the Basic Features Doctrine, implied or otherwise, Article 1(2) in the Federal Constitution should not have been amended on 13 July 1976 to reduce Sabah and Sarawak from Equal Partners with Malaya in Malaysia to states in the Federation.

The Federal court can Declare on a point of law that the Amendment on 13 July 1976 was “unconstitutional”, being a violation of the Federation of Malaya Agreement 1948 and MA63.

Again, under the Basic Features Doctrine, implied or otherwise, the Definition of Federation in the Federal Constitution in Article 160(2) cannot be changed. It will only cease to exist by civil war, war between nations, Revolution or the Federation ceasing to exist.

The Federation of Malaya Agreement 1948 and the Federation of Malaya Independence Act 1957 exist with or without MA63.

MA63 may not be law, but it’s the ultimate political document for the British transfer of Administration of Sabah and Sarawak to the Malayan gov’t on 16 Sept 1963.

It’s also the basis for Sabah and Sarawak to be in Relationship with Malaya and for the Equal Partnership of the three territories in Malaysia.

Hence, MA63 has force of law, and goes on to be the supreme law of the land in Sabah and Sarawak read together with the other constitutional documents on Malaysia and the Federal Constitution.

“Constitutional documents on Malaysia” should be defined in the Federal Constitution under Article 160 (2).

While Malaya is governed by the written/codified Federal Constitution, note not by the Malaysia Constitution, Sabah and Sarawak are governed by the Federal Constitution being read together with the unwritten/uncodified Malaysia Constitution based on the constitutional documents on Malaysia.

MA63 exists whether incorporated in the Federal Constitution or otherwise.

There’s recent case law at the Federal court which reads that “only what has been incorporated in the Federal Constitution from MA63 is law”.

The issue is not law but force of law. No court in the world will say that MA63 has no force of law.

If MA63 has no force of law, there’s no basis for Sabah and Sarawak to be in Malaysia with Malaya.

In that case, the British transfer of the Administration of Sabah and Sarawak to the Malayan gov’t on 16 Sept 1963 would be tantamount to Occupation and/or Re-colonisation.

Daniel John Jambun

President

Borneo’s Plight in Malaysia Foundation (BoPiMaFo)

Kota Kinabalu

Further details: +60108786993 (Daniel John Jambun)

Mon 5 April 2021

Read further here . . .

Human rights advocate urges Projek ‘Sabah IC’ purge ‘bogus Malay’ MyKad holders.

https://fernzthegreat.wordpress.com/2021/03/16/human-rights-advocate-urges-projek-sabah-ic-purge-bogus-malay-mykad-holders/

NRD silent on ‘bogus Malay’ MyKad holders in Sabah.

Jambun: Allah not for politics in Sabah, Sarawak.

https://fernzthegreat.wordpress.com/2021/03/19/jambun-allah-not-for-politics-in-sabah-sarawak/

Human rights advocate does not want Church to be challenged on Allah issue.

Human rights advocate seeks court Declaration on NRD handing out Malay MyKad ‘indiscriminately’.

https://fernzthegreat.wordpress.com/2021/03/22/human-rights-advocate-seeks-court-declaration-on-nrd-handing-out-malay-mykad-indiscriminately/

Daniel John Jambun wants NRD to comply with Definition of Malay in Article 160(2).

Jambun decries MA63 activist Zainnal Ajamain’s ‘veiled threat’ on ‘defensive’ Malay.

https://fernzthegreat.wordpress.com/2021/03/25/jambun-decries-ma63-activist-zainnal-ajamains-veiled-threat-on-defensive-malay/

Human rights advocate and Borneo rights activist wants to focus on Definition of Malay in Article 160(2) ‘to clear the air’ in Sabah, Sarawak.

Jambun: Musa Aman move in Federal court to thwart Shafie Apdal being ‘declared’ CM.

https://fernzthegreat.wordpress.com/2021/03/27/jambun-musa-aman-move-in-federal-court-to-thwart-shafie-apdal-being-declared-cm/

“Now, we don’t know what will become of Musa’s Constitutional questions on Sabah in the Federal court.”

Human rights advocate wants ex-judge Sri Ram to clarify on Shafie Apdal, Musa Aman.

https://fernzthegreat.wordpress.com/2021/04/03/human-rights-advocate-wants-ex-judge-sri-ram-to-clarify-on-shafie-apdal-musa-aman/

Daniel John Jambun opines jury still not out on whether Shafie Apdal illegitimate CM on 12 May 2018.

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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