TAWAU: Sabah-based community advocate Mohd. Zaki Harry Susanto has welcomed the state government’s decision to delay the rollout of the Border Control and Protection Agency (AKPS), calling it a necessary move to protect Sabah’s constitutional rights over immigration as outlined in the Malaysia Agreement 1963 (MA63) and Article 20.
He emphasized that Sabah holds a distinct status in immigration matters—a key condition during the formation of Malaysia in 1963—and one that sets it apart from states in Peninsular Malaysia.
“This immigration autonomy isn’t merely an administrative privilege; it’s a constitutional guarantee established at Malaysia’s founding through MA63,” he explained when asked about the state’s position on AKPS.
Zaki noted that residents of Sabah are particularly watchful of federal initiatives perceived to weaken state authority, especially those concerning entry and immigration enforcement.
He pointed out that potential conflicts between the Malaysian Border Control and Protection Agency Act 2024 (Act 860) and the existing Immigration Act 1959/63 (Act 155) must be carefully assessed before any implementation proceeds in Sabah.
Delaying AKPS, he clarified, does not reflect opposition to strengthening national border security, but rather creates room for a thorough review to ensure Sabah’s rights remain intact.
“Sabah is not rejecting AKPS outright. The postponement allows time for negotiations, legal scrutiny, and refinement of operational frameworks,” he said.
Without clear coordination, he warned, overlapping responsibilities could emerge, leading to confusion in enforcement roles and potentially diminishing the state government’s authority in immigration.
Zaki added that this careful approach also helps maintain constructive relations between the state and federal governments, upholding the federal spirit agreed upon in 1963.
He urged the Federal Government to engage more extensively with the Sabah State Government, legal experts, civil society, and other stakeholders before reaching a final decision.
“Sabah remains committed to national border security and sovereignty. At the same time, the autonomy guaranteed under MA63 must be fully respected and preserved,” he added.
AKPS delayed to preserve Sabah’s immigration autonomy – Zaki Susanto
TAWAU: Sabah community activist, Mohd. Zaki Harry Susanto has described the State Government’s decision to defer the implementation of the Border Control and Protection Agency (AKPS) in Sabah as an appropriate step to ensure that the state’s immigration autonomy rights continue to be preserved as stipulated in the Malaysia Agreement 1963 (MA63) and Article 20.
He said that Sabah has a special position in terms of immigration that cannot be equated with other states in Peninsular Malaysia because it was one of the main conditions for the formation of Malaysia in 1963.
“The autonomy of Sabah’s immigration powers is not just a matter of ordinary administration, but it is a constitutional guaranty and an important foundation agreed upon during the formation of Malaysia thru MA63 .
“The people of Sabah are very sensitive to any form of federal policy implementation that is seen as eroding state power, especially involving entry control and immigration enforcement,” he said when asked to comment on the Sabah State Government’s stance regarding AKPS.
According to him, the existence of contradictions between the Malaysian Border Control and Protection Agency Act 2024 (Act 860) and the Immigration Act 1959/63 (Act 155) needs to be thoroughly examined before any implementation is carried out in Sabah.
He said that the decision to postpone the implementation of AKPS does not mean that Sabah rejects efforts to strengthen national border control, but rather provides space for a comprehensive review so that the state’s rights are not affected in the future.
“Sabah is not outrightly rejecting the AKPS.” This postponement is important so that negotiations, legal reviews, and mechanism improvements can be carried out first.
“If continued without clear coordination, it is feared that there will be overlapping powers, confusion in duties, and indirectly open the door to a direct reduction of the State Government’s authority in immigration matters,” he said.
Mohd. Zaki said that this cautious approach is also important to ensure that the relationship between the State Government and the Federal Government remains harmonious without undermining the spirit of the Malaysian Federation agreed upon since 1963.
He also hopes that the Federal Government can conduct more comprehensive engagements with the Sabah State Government, legal experts, community bodies, and stakeholders before any final decision is made.
“Sabah always supports the aspects of border security and national sovereignty.” However, at the same time, the autonomy rights guarantyd in MA63 must be fully respected and preserved,” he said
