THE Sabah Law Society (SLS) welcomes and commends the State Government’s firm action to defer the implementation of the Malaysian Border Control and Protection Agency Act 2024 (Act 860).
Its President, Datuk Mohamed Nazim Maduarin, said the State had demonstrated a high level of legal scrutiny in protecting the constitutional guarantees provided to Sabah under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
According to him, SLS agrees with the State’s assessment that the Act, in its current form, creates significant legal complexities relating to Sabah’s autonomy.
“The Chief Minister has rightly identified the complex nature of Section 6(3). By stipulating that the new agency can only comply with state directives through the Director of Immigration, the Act creates a statutory inconsistency.
“If the agency is intended to take over the frontline role of the Immigration Department, this indirect chain of command fails to provide the legal certainty required for effective enforcement.
“SLS stresses that to ensure that Sabah’s 'Special Law' status under Part VII of the Immigration Act 1959/63 is truly meaningful, the state authorities’ powers of direction must be direct, clear and have legal certainty,” he said in a statement today.
Nazim said the State Government had acted cautiously by raising the statutory inconsistency between the new act and the Immigration Act 1959/63 (Act 155).
According to SLS, the postponement is not just an issue of administrative convenience, but rather a constitutional requirement to avoid constitutional and operational uncertainty.
“It is now the responsibility of the Federal Government to ensure that any proposed centralised border management framework is truly subject to the constitutional protections afforded to Sabah under the Federal Constitution and the Malaysia Agreement 1963.
Nazim said SLS was prepared to offer its legal expertise throughout this suspension period.
“We are prepared to assist in the implementation of a comprehensive legal audit as well as the drafting of robust operational protocols.
“Our objective is to ensure that any future border framework is not only efficient, but also constitutionally sound and truly respects the original spirit of the 1963 constitution.
“The State Government has taken a principled and legally sound stance in defending Sabah’s rights. SLS will continue to provide the necessary legal scrutiny to ensure that these rights continue to be protected and prioritised,” he said. – May 14, 2026
