KOTA KINABALU: The proposed constitutional amendments on MA63 which are scheduled to be tabled to Parliament on Tuesday, October 26, as announced by the Federal Minister of Law, should have been disclosed to the public and stakeholders much earlier for a comprehensive discussion.
SAPP, which has brought the MA63 issue to the public mainstream ever since 2010, holds on to our view that any amendments to MA63 must have full disclosure and public participation.
As it is, only a few top officials have been briefed. Not even most Sabah Legislative Assembly members, including myself, has access to a copy of the proposed amendments.
According to my sources, the proposed amendment to Article 1(2) merely rearrange 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. There is no mention of the unconstitutional Territorial Seas Act, no mention of the fulfilment of the 40% nett revenues for Sabah, no mention of the definition of oil and gas as “minerals” so that oil and gas come under the power of the Sabah government.
As I understand it, at the moment, the proposed constitutional amendment to Article 1(2) concerns the composition of the Federation by Malayan states and Borneo states.
Whereas the proposed amendment to Article 160A aims to include MA63 other than MA57 as the founding agreements of Malaysia.
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 cosmetic to appease the people of Sabah.
The answer lies in the Explanatory Notes which are part of the amendment bill explaining the meaning and intent of the bill.
For instance, the so-called MA63 amendment bill proposed by the then Pakatan Harapan government in 2019 contained an Explanatory Statement that:-
*”This amendment is made in line with the spirit of MA63…It satisfies the aspiration and hope of the State governments of Sabah and Sarawak, and all the people of Sabah and Sarawak. This amendment does not, in any way, alter the functions of the Federal and State Governments under the concept of federalism.”*
That Explanatory Statement, which is part and parcel of the bill, would have effectively killed any subsequent legislative and administrative actions to restore the rights of Sabah under MA63.
Hence, the 2019 bill was a big scam to fool the people.
SAPP awaits a copy of the 2021 constitutional amendment bill to see whether the bill is our high hopes or it is our worst fears.-
By:
Datuk Yong Teck Lee
President, SAPP
