KOTA KINABALU – Sabah Star president Datuk Seri Jeffrey Kitingan’s proposal for a new Malaysia Agreement and constitution is a step backwards in efforts to restore Sabah’s rights and status as an equal member of the federation, said activist Zainnal Ajamain.
Zainnal said a new agreement means Sabah will lose its British protection and the state will fall under the rule of Malaya.
“If we form a new Malaysia Agreement, it means that the new agreement will replace the existing Malaysia Agreement 1963… where is the position of the British then? We are now under their protection.
“Who is going to protect us then? Putrajaya? Parliament of Malaysia? (Are they going to do it) when they are the ones who have amended the Malaysia Agreement to their benefit? What and who is Jeffrey fighting for?”
Zainnal who is a known Malaysia Agreement 1963 (MA63) activist, said this at a live forum in the Warisan Online Facebook page last night.
He was commenting on Jeffrey’s statement during the Society Empowerment and Economic Development of Sabah special online forum held Friday.
The original Malaysia Agreement 1963, which was formed on September 16, 1963, read: “The states of the federation shall be – (a) the states of Malaya, namely, Johor, Kedah, Kelantan, Melaka, Negri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu; and (b) the Borneo states, namely, Sabah and Sarawak; and (c) the state of Singapore.”
But, after amendment on August 27, 1976, just months after the passing of the then Sabah chief minister Tun Fuad Stephens in a plane crash, Article 1(2) now reads: “The states of the federation shall be Johor, Kedah, Kelantan, Melaka, Negri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu.”
Zainnal said the amendment had expanded the ‘Malaya’ territory to include Sabah and Sarawak, thus making all oil and gas resources from the two to go to Peninsular Malaysia, including the continental shelf that were originally supposed to belong to the territories of Sabah and Sarawak.
He has also been very vocal about the amendment of MA63 in 1976, saying that it was unconstitutional, as stated in Article 161E of the federal constitution.
He questioned why Jeffrey has never brought the matter to the federal government in his fight to restore Sabah’s equal status.
Article 161E(1) of the federal constitution states that no amendment to the constitution can be made in connection with the admission of the federation of the state of Sabah or Sarawak.
“Despite the federal constitution explicitly stating that the Malaysia Agreement cannot be amended or altered, it was done in 1976.
“If the amendment was invalid, it means that Malaysia is divided into three territories: Malaya, Sarawak and Sabah. If Jeffrey understands this, he should bring this to Putrajaya, and tell them that this is what Malaysia’s structure is supposed to be.” – The Vibes, May 9, 2021
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