Harris clears the air over move
Published on: Thursday, October 20, 2016
Kota Kinabalu: Former Chief Minister Tan Sri Harris Mohd Salleh said he wished to put on record that his Parti Berjaya had nothing to do with Article 1(2) of the Federal Constitution being amended that downgraded the status of Sabah and Sarawak from regions within Malaysia to that of ordinary states 40 years ago.He said, in fact, at that time there was no prior discussion with him as the newly sworn-in Chief Minister regarding the amendment – following the June 6, 1976 Nomad air crash that claimed the lives of new Chief Minister Tun Fuad Stephens and members of his State Cabinet – and so none of the Berjaya party leaders had any part in it."Obviously we had no control over parliament and we were never asked (about the amendment).
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None of the Berjaya leaders had any part in it," he told Daily Express, Wednesday.Harris was commenting on a report and talk in social media that a majority of Members of Parliament from Sabah and Sarawak supported the Bill tabled by then Prime Minister Datuk Hussein Onn to amend Article 1(2) of the Federal Constitution. It was passed on 13 July 1976 – soon after Berjaya took over the State administration, and hence the finger-pointing .According to the report, 130 Members of Parliament including eight from Sabah supported the amendment. The eight were Datuk Abdul Ghani Gilong (Usno-Kinabalu), Tan Sri Mohamed Said Keruak (Usno-Kota Belud), Pengiran Ahmad Pg Indar (Usno-Kinabatangan), Datuk Peter Lo Su Yin (SCA-Gaya), Datuk James Stephen Tibok (Usno-Penampang), Buja Gumbilai (Usno-Tuaran), Pang Sui Chee @ Alex Pang (SCA-Tawau) and Datuk Peter Lim Pui Ho (SCA-Sandakan).
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Two other Sabah MPs – Tun Datu Mustapha Datu Harun (Usno-Marudu) and Pengiran Tahir Pengarin Patera (Usno-Kimanis) – were absent from the record of that sitting when it was debated on July 12 and July 13, 1976.But it was reported that the names of another six Sabah MPs – Madina Unggut (Bandau), Ajad Oyung (Labuk-Sugut), Mohamed Taufeck Asneh (Hilir Padas), Datuk Stephen Robert Evans (Keningau), Mohd Salleh Abdullah (Silam) and Abdul Rashid Jais (Ulu Padas) – were not mentioned in the Hansard.
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None of the 22 MPs from Sarawak opposed the Bill although the names of Leo Moggie Irok (Kanowit) and Tin Ling Kiew (Bintulu) were also not recorded in the Hansard. Four MPs from the opposition Democratic Action Party (DAP) opposed the amendments. They were Lim Kit Siang, Dr Tan Chee Khoon, Farn Seong Than and Lee Lam Thye.Prior to the amendment of the Federal Constitution, Sabah and Sarawak were categorised differently from other peninsula states. It read that "States of the Federation shall be; (a) the States of Malaya, namely, Johore, Kedah, Kelantan. Malacca, Negri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu; and (b) the Borneo States, namely, Sabah and Sarawak and (c) the State of Singapore."But after the amendment, it was stated in the Federal Constitution that the states of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Trengganu.Asked about his personal opinion on the amendment, Harris said it was not for him to agree or disagree because "parliament had made the decision."He said people also have to draw a line between looking at what had happened from a legal and political perspective.Sarawak CM Datuk Patinggi Tan Sri Adenan Satem recently said that Sarawak MPs may propose in the parliament to reinstate an article of the Federal Constitution to enable the state to regain its powers that had been eroded over the years.He had said before the 1976 amendment, Sabah and Sarawak fell under a different category from states in peninsula Malaysia.Harris opined that what Sabah could do to reverse the decision was by getting the State Legislative Assembly to pass a motion and get the government of the day to amend the Federal Constitution."At this moment of political environment, maybe the opposition will lend their support to make a two-third majority in parliament so that the amendment can be done," he said.A former Sarawak MP who voted in favout that year, Patrick Anek Uren, also said one option was through the State Legislative Assembly as the august House was a signatory of the Malaysia Agreement 1963."It is technically impossible to reverse the amendment done to the Federal Constitution in 1976 because Sarawak and Sabah have only 65 members of parliament, out of the 222," he had said.While proposing the option on the legal status of Sabah, Harris reiterated that the powers and rights of Sabah remain in the hands of current state leaders. "We must not have false hopes. The progress of Sabah and Sarawak depends on our local leaders. If you think about it, we have secured most of our powers such as over land matters," he said, adding that it is up to State leaders how they exercised them.He agreed, however, that Sabah still need to have the power in decision-making on certain matters.Stay up-to-date by following Daily Express’s Telegram channel.
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