KOTA KINABALU – Sabah has a constitutional right to develop its own standard operating procedures (SOPs) as far as public health is concerned, said Deputy Chief Minister II Datuk Seri Jeffrey Kitingan yesterday.
Stressing the need to discuss such matters with the federal government, the Keningau MP and Sabah Star president noted that public health is in the federal constitution’s concurrent list.
The concurrent list refers to Sabah and Sarawak having joint authority with the federal government over various items.
However, Jeffrey said that the problem Sabah faces now is that it has failed to specify details of its jurisdiction under the public health item as it does not have its own enactment on the subject.
“We need an enactment to back us up. We need to strengthen our legal side. We have the constitutional right to develop our own SOPs.
“However, we need to strengthen this further because it is currently quite vague,” he said yesterday.
In an online forum on the decentralisation of health matters held on Tuesday, Sabah Law Society president Roger Chin had noted that, as far as Covid-19 is concerned, Sabah and Sarawak also hold joint authority over public health and prevention of diseases.
Like Jeffrey, Chin said Sabah only needs to enhance the Sabah Health Ordinance to include Covid-19 to be able to come out with its own SOPs.
He said the move was not in conflict, but allows Sabah to take matters into its own hands, as long as it is harmonious with federal law, specifically the federal Prevention and Control of Infectious Diseases Act (Act 342).
Jeffrey explained that while public health is on the concurrent list, only the federal side has enacted legislation while Sabah has not.
“This means that only the federal law has the authority presently, necessitating discussions to have the SOPs eased for Sabah.
If we passed an enactment, for example, under a pandemic situation, that Sabah can do such-and-such steps, then we can implement such enactment using concurrent powers
Dine-in debacle
On June 29, Senior Minister (Security) Datuk Seri Ismail Sabri Yaakob had chided Sabah for relaxing the health SOPs by allowing dine-ins, saying that the state was only allowed to formulate stricter procedures, not relax them.
The dine-in allowance, which was issued by Sabah Chief Minister Datuk Seri Hajiji Mohd Noor under the National Recovery Plan, survived only half a day after authorities started ordering local restaurant operators to stop accepting diners into their joints, as laid down by Putrajaya.
The state later claimed that the relaxed SOPs had yet to be approved by Health Director-General Tan Sri Dr Noor Hisham Abdullah, and that they have yet to be approved until today.
Meanwhile, Sabah’s political leaders – including those from the opposition – have come together behind Hajiji’s move to relax the SOPs.
Unity over SOP issue also possible on MA63
Towards this end, Jeffrey said that the unity shown by the leaders over the incident can be the spark needed to push for bigger things.
The veteran politician, who is among the local personalities promoting state rights, expressed delight with the show of support from his colleagues. With such a spirit, the state can work on advancing its demands, he added.
This shared interest is not limited to a mere SOP to control Covid-19.
“Under the Malaysia Agreement 1963 (MA63), we all have common interests, and I have no doubt that this government will fight to the death for the rights of Sabah and its people,” Jeffrey said.
Earlier, the deputy chief minister had marked his three-decade struggle on state rights in conjunction with his party Sabah Star’s fifth anniversary.
The veteran lawmaker said Sabah Star culminates his struggle as a political activist since the 1990s, where he had also been detained under the now defunct Internal Security Act (ISA).
“I overcame numerous hardships including being imprisoned, but I never faltered,” he said in a statement.
“I joined several political parties, but none of them was able to fulfil my aspirations. It never occurred to me at the time to start my own party. I didn’t want to do it.
“However, after a while, I realised that starting my own party was the only way I could continue my struggle, and thus, Star was born in 2016. Star will never abandon its philosophy despite being part of the Sabah government now.
“We will continue to fight for Sabah rights and demand that the federal government return the rights that they have taken away from us under MA63.”
Jeffrey also said that he supports the suggestion to hold a hybrid parliamentary sitting in view of the pandemic.
He said the emergency rule should be lifted as it was implemented to stop political interference in dealing with Covid-19.
“I have no objection to a parliamentary sitting within the next few weeks.” – The Vibes, July 2, 2021
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