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Teo's reasoning doesn't make sense: Leiking
Published on: Sunday, February 18, 2018

Penampang: MP Darell Leiking, refutes the contention by Minister of Special Tasks Datuk Seri Teo Chee Kang that there is no need for the State Assembly to pass a motion to activate Article 8 of the Malaysia Agreement (MA63).

Article 8 states that Sabah and Sarawak can take their own measures to enforce and implement MA63 without having to amend the Federal Constitution.

"I can deduce that Teo is trying to put everything within the context of executive power, particularly in reference to our State's special rights and privileges, with the hope that Sabahans will continue to support Barisan Nasional.

This is the very reason why Sabah is unable to assert itself as a signatory to the Malaysia Agreement 1963," he said in a statement.

Leiking reminded Teo that the Sarawak Assembly on Dec 8 2015 passed and approved a motion moved by Tan Sri Dr James Masing to mandate the Sarawak Government to take all necessary measures under Article 8 of the Malaysia Agreement 1963 for the complete implementation of all recommendations in the IGC Report and the safeguards of the special interests of the state and its people.

"Sarawak took the initiative to legitimise the activation of Article 8 of the MA63 by passing the same in the State Assembly thereby making it not only an executive mandate but one which is collectively passed by the august house.

Sabah, for a start, should do likewise by asserting itself as an equal partner that formed the Federation of Malaysia. And that is by passing a motion that would bind the legislature and its successors so that Umno national leaders will finally understand what has been ignored all these years and what Sabahans really want," he said.

"Let us take the Sarawak government as an example. The Sarawakians clearly anticipated that without getting the full legislative backing, all will come to nothing and the same will be repeated over and over by successive governments in Sarawak.

He noted that Sarawak Chief Minister, Datuk Patinggi Abang Johari Openg, even dismissed the committee set up last year by the Federal Government on Devolution of Authority led by Datuk Seri Anifah Aman and Datuk Nancy Sukhri, as being powerless.

He stated recently that Petronas needed the approval of the State's mining licenses to operate in Sarawak.

"With what the Sarawakians are doing and have done to date, will Teo also say that the Sarawak Barisan Nasional-led State Government does not understand how a Federation works?"

I do not call my friend Teo as someone who does not understand the workings of a Federation but I advise him to free himself from the grip of political master Umno and be a true Minister like his counterpart in Sarawak, he said.

Leiking pointed out the landmark decision made by the Federal Court in respect of the Keruntum Sdn Bhd vs Director of Forestry Sarawak and two others revealed that many of the rights available to the signatories of the Malaysia Agreement 1963 were not enforceable.

According to the decision, the Federal Court ruled that "until and unless a recommendation by the IGC had been implemented by its incorporation in the Federal Constitution or through legislative, executive or action taken under Article VIII of MA63, a litigant like Keruntum Sdn. Bhd. cannot enforce it through proceedings in the Court because the Court is not empowered by Article VIII of MA63 to implement any recommendation made by IGC".

Leiking said the decision in the Keruntum matter contradicted Teo.

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