KOTA KINABALU – A consensus must be struck between the Sabah and Sarawak assemblies before constitutional amendments linked to the Malaysia Agreement 1963 (MA63) can be tabled in Parliament.
The bill to amend several provisions in the federal constitution relating to MA63 was initially scheduled to be tabled in the Dewan Rakyat today, followed by a second reading on Thursday.
However, the cabinet has decided to set another date for the tabling of the bill, said Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar.
He said the postponement was prompted as consensus could not be reached on the proposed amendments to some of the relevant articles in the constitution during an engagement session yesterday, which was also attended by Prime Minister Datuk Seri Ismail Sabri Yaakob.
Meanwhile, observers to the federal government’s plans to reinstate the status of the two states as equal partners in the Federation of Malaysia claimed that consent from both states must first be made before amendments can be made to the federal constitution.
This was in accordance with the Inter-Governmental Committee Report Paragraph 30(2) whereby the consent from legislative assemblies must be obtained first before the bill can be tabled in Parliament.
Upko’s Kadamaian assemblyman Datuk Ewon Benedick who had called for a special assembly sitting said any matters related to MA63 must be brought to the state first for debate.
“As a matter of fact, the MA63 deal should be reviewed every 10 years from 1963, but this did not happen in 1973.
“This is the reason a special sitting needs to be called. We need to deliberate whether Sabah has actually endorsed all the constitutional amendments related to the agreement. This to me is still being questioned by Sabahans until now,” he told The Vibes.
Wan Junaidi had initially said that the government will proceed with plans to table the bill to amend Article 1(2) and Article 160(2) of the federal constitution today.
This comes after the proposed amendments were delayed following several federal ministers seeking further explanation on the amendments last week.
Since then, there have been calls from Sabah’s political circles, including Sabah Star, to call for a special assembly sitting to decide on the amendments.
Besides Datuk Seri Jeffrey Kitingan, Sabah Pakatan Harapan Youth Chief Phoong Jin Zhe also called for the sitting to be held.
Yesterday, at a function in Tuaran, Sabah Chief Minister Datuk Seri Hajiji Mohd Noor expressed hope that Sabah’s views and position on the claims in MA63 will be considered.
The Sulaman assemblyman made no indication that a special assembly sitting would be held to push for the constitutional amendment that will be tabled in Parliament tomorrow.
Sabah Progressive Party president Datuk Seri Yong Teck Lee urged the federal government to disclose the proposed amendments, saying the matter should be transparent.
As it is, only a few top officials have been briefed. Not even Sabah Legislative Assembly members, including myself, have access to a copy of the proposed amendments.
“According to my sources, the proposed amendment to Article 1(2) merely rearranges the numbering of the states. I understand that nowhere in the proposed amendments is ‘equal status’ mentioned.
“There is also no mention of transfer of powers from the federal list (in the constitution) to the state list,” he said.
Yong said he was also informed that there was no mention of the Territorial Sea Act 2012, which states the fulfilment of the 40% net revenues and definition of oil and gas will be under the state authority.
“As I understand, the proposed constitutional amendment to Article 1(2) concerns the composition of the federation by Malayan states and Bornean states.
“Whereas the proposed amendment to Article 160A aims to include MA63 other than MA57 as the founding agreements of Malaysia,” he said.
Yong said it remains to be seen whether these two amendments are to start a series of consequential legislations to return the autonomy of Sabah, or whether the amendments are just a front to appease Sabahans. – The Vibes, October 26, 2021
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