By Daniel John Jambun, President Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) has taken note of reports concerning the decision to deny entry into Sabah to the Executive Director of BERSIH ahead of a planned anti-corruption rally.
Sabah’s special immigration powers are not ordinary statutory powers. They are constitutional safeguards negotiated before the formation of Malaysia and remain an important component of Sabah’s constitutional autonomy. These safeguards were intended to enable Sabah to protect its unique social, political and security interests.
BoPiMaFo has consistently maintained that these constitutional safeguards must be respected and preserved. They should never be diluted or undermined.
At the same time, every constitutional power carries with it a corresponding constitutional responsibility. The exercise of public power must always conform to the rule of law, good governance and the principles of fairness that underpin our constitutional system.
Where a Malaysian citizen is denied entry into Sabah, particularly one engaged in public advocacy, it is in the public interest that the relevant authorities provide, where appropriate, sufficient legal justification for the decision. Transparency enhances public confidence and demonstrates that constitutional powers are being exercised for legitimate purposes rather than arbitrarily.
This observation should not be interpreted as questioning Sabah’s constitutional authority over immigration. On the contrary, constitutional powers are strengthened—not weakened—when they are exercised lawfully, transparently and in accordance with established legal principles.
BoPiMaFo therefore does not seek to prejudge the correctness of the decision, as the relevant facts and reasons may not yet be publicly known. We simply affirm the broader constitutional principle that public authorities should always act within the law and, where the public interest permits, provide sufficient reasons for decisions that have significant public implications.
The present issue should not become a political contest between supporters and opponents of any organisation. Rather, it should serve as an opportunity to reaffirm two equally important constitutional principles: first, that Sabah’s special constitutional safeguards must be respected; and second, that every constitutional power must be exercised responsibly, fairly and consistently with the rule of law.
Ultimately, the legitimacy of constitutional authority depends not only on the existence of legal powers but also on the manner in which those powers are exercised. Sabah’s constitutional autonomy will command greater respect when it is administered with integrity, accountability and fidelity to the rule of law.
