KOTA KINABALU – Although the 1976 downgrade of Sabah and Sarawak to mere states in the Federation can be considered unconstitutional, the matter is not an issue at present, said Datuk Seri Jeffrey Kitingan.
The Sabah deputy chief minister, known for being a champion of matters related to the Malaysia Agreement 1963 (MA63), said under Article 161E, no amendment should be made to the federal constitution on the status of the two states without their approval.
“If you look at Article 161E, it says no amendment to the constitution shall be made without the approval or consent of Sabah and Sarawak.”
Article 161E (2) reads: “No amendment shall be made to the constitution without the concurrence of the head of state of Sabah and Sarawak, or each of the states of Sabah and Sarawak concerned.”
Jeffrey was referring to the amendment to Article 1(2) to restore Sabah and Sarawak’s status as equal partners in the Federation of Malaysia during Pakatan Harapan’s rule.
In the 1976 Hansard, regarding the amendment in relation to the status of the two states, then prime minister Tun Hussein Onn noted that he had the consent of both the Sabah and Sarawak chief ministers.
The Dewan Rakyat debated on the amendment on July 12 and 13, 1976. It was supported by 130MPs, and rejected by four.
“The matter can be raised in the cabinet committee looking into MA63 between states and Putrajaya. But right now, it is not an issue,” said Jeffrey.
On a separate matter, he played down the rift between his party, Sabah Star, and Parti Bersatu Sabah (PBS).
In recent weeks, followers of the two parties have debated over the Keningau parliamentary and Tambunan state seats.
These constituencies are traditionally PBS’, and once held by former president Tan Sri Joseph Pairin Kitingan. PBS recently announced that it will reclaim the seats.
Jeffrey, who is Pairin’s older brother, claimed the seats following the latter’s retirement from active politics after the 2018 general election.
Jeffrey said the two parties are in the ruling Gabungan Rakyat Sabah (GRS), and should increase their synergy and work together.
“In politics, there are different opinions and priorities. So, to me, this is normal in politics.
“We are in the same government, at both the federal and state levels. The focus should be on how to work together and beefing up our synergy.”
He added that party members should not issue statements that would affect cooperation within GRS. – The Vibes, April 27, 2021
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