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Devolution of powers: 8- point ToR established
Published on: Wednesday, August 10, 2016
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Kota Kinabalu: An eight-point Terms of Reference (ToR) has been established for the Technical Committee on the discussion for devolution of powers to the State, said Special Tasks Minister Datuk Teo Chee Kang.Teo, in replying to a question by Tamparuli Assemblyman Datuk Seri Wilfred Bumburing at the State Legislative Assembly sitting here Tuesday, said the committee is chaired by Datuk Seri Anifah Aman.

"A Main Committee was formed following strong urges from Sabahans and Sarawakians for the Federal Government to review the need of devolving powers.

"The committee is jointly chaired by Datuk Seri Anifah Aman and Nancy Shukri. Under this Main Committee, a Technical Committee was formed at State-level," he said.

According to Teo, the ToR received by the committee are as follows:

1. The Federal Constitution, Malaysia Act, Malaysia Agreement 1963, including the IGC Report and other related documents (Cobbold Commission Report) is the main subject and the essence of discussion.

2. To identify matters under the Federal Constitution, Malaysia Act, Malaysia Agreement 1963, including IGC Report and other related documents which have not been complied totally until today.

3. To identify matters under the Malaysia Agreement 1963, including the IGC Report and other related documents which had been complied with and included in the Federal Government but had not been implemented or totally implemented until today.

4. To identify matters under the Malaysia Agreement 1963, including the IGC Report and other related documents which had been included in the Federal Constitution but had been amended contradictory to the Malaysia Agreement 1963 and the IGC Report which resulted in 'eroding of State powers or autonomy.'

5. All of the proposals and decisions by the Steering Committee and Technical Committee will be classified as confidential.

6. The Technical Committee will identify issues, and propose the solutions and recommendations to the Steering Committee.

7. The Steering Committee will consider all issues, proposals and recommendations from the Technical Committee.

8. The Steering Committee and the Technical Committee will find a solution or a resolution so that the 'empowerment of authority' on matters involving the Malaysia Agreement 1963, including the IGC Report which are not complied with or not being implemented will not involve amendment to the Federal Constitution. However, any proposal and resolution which will involve amendment can be discussed but only as the final option.

Teo said among the specific matters that will be discussed is to allow for any decision taken by Federal officers to be made at State-level and that the State Government will be given a bigger role in deciding on projects, especially the location and its priority.

Other matters are that interviews for positions in civil services, especially in the teaching profession and police force, will not only be conducted at certain towns but also in the rural areas.

"Aside from that, the devolution of powers' proposals which can be implemented immediately are that the functions of Federal and State agencies should not overlap, the creation of new agencies should be discussed with the State Government and that the number of Sabahan department heads should be increased."

Teo also said Sabah takes a different approach from Sarawak in discussing the matters pertaining to devolution of powers.

"For instance, we don't use the media to convey our intentions on what we want. Even though this approach is deemed gentle, what is more important is that we achieve the objective of getting what we want.

"We are confident that the discussion that we are working on will be agreed to by both the State and Federal Government.

"I am confident that the openness shown by the Federal Government in this discussion will produce a result accepted by all quarters," he said.





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