By πππππ ππππ ππππππππ ππππ πππ ππππππ ππππππ
Member of Parliament for Tuaran
Assemblyman for Tamparuli
KOTA KINABALU: The postponement of the implementation of the Akta Kawalan Penguatkuasaan Sempadan (AKPS) is not merely an administrative matter. It is a clear indication that the Federal Government once again failed to comply with the constitutional safeguards protecting the rights and position of Sabah and Sarawak under Article 161E of the Federal Constitution.
This issue must not be viewed in isolation. It reflects a longstanding and deeply troubling pattern whereby federal laws affecting Sabah and Sarawak are enacted without first obtaining the constitutionally required consent of the Sabah and/or Sarawak Government.
For decades, Sabahan Members of Parliament have repeatedly objected to and questioned the constitutional validity of such laws in Parliament. Unfortunately, these concerns have often been ignored or dismissed.
Among the most significant examples are the extension of the Continental Shelf Act 1966 and the Fisheries Act to Sabah and Sarawak in 1970, the amendment to Article 122A of the Federal Constitution in 1994, the enactment of the Territorial Sea Act 2012, and now the AKPS. These laws directly affected the rights, jurisdiction, and constitutional position of Sabah and Sarawak, yet were implemented without the consent required under Article 161E of the Federal Constitution.
This repeated failure to observe constitutional requirements is unacceptable. It undermines the spirit and safeguards embodied in the Malaysia Agreement 1963 (MA63), which formed the basis upon which Sabah and Sarawak agreed to form the Federation of Malaysia.
Equally concerning is the apparent disregard for the views and objections raised by Sabah leaders, including Federal Cabinet Ministers from Sabah. In the case of the AKPS, we were informed that subsidiary legislation would be introduced to safeguard the rights and interests of Sabah and Sarawak. Regrettably, that assurance now appears never to have been fulfilled.
This only reinforces the growing perception among the people of Sabah that commitments made by the Federal Government on matters affecting Sabahβs constitutional rights are too often treated lightly or abandoned altogether.
Enough is enough.
The Federal Government cannot continue treating constitutional safeguards as optional provisions that may be ignored whenever convenient. Article 161E is not symbolic. It is a binding constitutional protection that must be respected and complied with fully and faithfully.
I therefore urge the Minister of Sabah and Sarawak Affairs to immediately bring this matter before the MA63 Consultation Council for urgent and comprehensive deliberation. More importantly, the Minister must publicly update the people of Sabah and Sarawak on the outcome of those deliberations and on the concrete measures that will be taken to prevent further constitutional breaches of this nature.
Sabah and Sarawak are not subordinate territories within the Federation. We are founding partners in Malaysia. Any federal law affecting our rights, jurisdiction, and constitutional position must not be imposed unilaterally by Putrajaya without the consent expressly required under the Federal Constitution.
The time has come for Sabah and Sarawak to take a firm and united stand against this continuing pattern of constitutional encroachment. The Federal Government must respect the Constitution, honour MA63, and uphold the principles upon which Malaysia was founded.
