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Sabah’s dues to be pursued
Published on: Tuesday, April 16, 2019
By: Ricardo Unto
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Sabah’s dues to be pursued
KOTA KINABALU: Failure to amend Article 1(2) of the Federal Constitution to restore Sabah’s and Sarawak’s status to one among three as in MA63 before a 1976 amendment, instead of one among 13 states, does not hinder the State Government from continuing efforts to pursue the return of Sabah’s rights.

  Chief Minister Datuk Seri Mohd Shafie Apdal said the demands can only be pursued through unified support from government and opposition leaders, as well as the people.

 Shafie also said the failure would not affect demands such as increasing the special grant from the Federal Government.

“During the formation of Malaysia, the provision in the Inter-Governmental Committee (IGC) clearly stated the rights of the State,” he told Kuala Penyu Assemblyman Datuk Limus Jury, during question time, at the State Legislative Assembly sitting, Monday.

 “However, on April 9, the aspiration to return the status of Sabah and Sarawak according to the Malaysia Agreement 1963 was not taken seriously by certain quarters which caused its failure to obtain two-thirds majority in  Parliament.

“And this is utterly disappointing.”

 Shafie reiterated that under MA63, it was clearly stated that Sabah is a region and not part of the states in the peninsula.

“What matters most now is we continue with our efforts and the State Government will also continue to cooperate with the Sarawak Government over the matter,” he said.

Shafie also backed a call for  an emergency motion to back the amendment of Article 1 (2) of the Federal Constitution as it could bolster the State Government’s effort to pursue the matter.

 “Perhaps Karanaan Assemblyman (Datuk Seri Masidi Manjun) could table the motion and we could support it in our effort to realise this agenda, not only legally, but more importantly the content of the struggle which is to make sure our rights are ensured,” he said to a supplementary question by Masidi who said it is timely for such motion.

 “We have three more days for the sitting...I called for an emergency motion so that all assemblymen can support it to clarify the current situation which focussed more on semantics.

 “If we look at the arguments by several assemblymen and politicians, I think it is more on semantics, rather than the intention of the constitution itself.

 “We politicise the issue more than doing something beneficial for Sabah,” said Masidi.

 To this end, he said it was important for the Assembly to take a stand so that MPs would take into account the voices of all assemblymen.

 Shafie agreed that the issue should not be politicised as it would only hamper efforts to amend the said Article.

 “I have no qualms for the Assembly to sit and discuss about our demands.”

 To another supplementary question by Tambunan Assemblyman Datuk Dr Jeffrey Kitingan, Shafie said it is crucial to amend Article 1(2) of the Federal Constitution as “it is the mother of all issues.”

“Nothing else can cascade down if this could not be realised. We never intended to amend or scrutinise what our forefathers had agreed upon.

 “We are part and parcel of the Federation, but our identity is different than other states,” he said.

 The Federal Government’s attempt to restore the status of Sabah and Sarawak as equal partners to Peninsular Malaysia, last Wednesday, was defeated after the Bill to seek the needed amendment to the Constitution was rejected in the Dewan Rakyat.  It fell short by 10 votes after the Bill was put up for bloc voting by Speaker Datuk Mohamad Ariff Yusoff after a day-long debate.

 In all, 138 lawmakers voted for the amendment, while 59 abstained. No MPs voted against the Bill but 59 - including Datuk Bung Mokhtar from Sabah and 19 MPs from Sarawak – abstained.

 The proposed amendment to Article 1(2) of the Federal Constitution required a minimum two-thirds support by the Lower House, or 148 votes.

 To another supplementary question by Dr Jeffrey, Shafie said the State Government should work closely with a Federal outfit in Sabah to verify the demands to be made from the 40 per cent special grant.

 “The revenues were collected by the Federal Government, so we do not know how much had been collected since our independence.”

 He also said the State Government has outlined several measures should there be a delay in the reimbursement of the special grant.

“We have the right to impose certain taxes on products and services which can bring revenue to the State Government.

“There are also several approaches that we can take so that the State’s revenue is not only limited to timber, oil and gas as well as tourism.

“However, these measures would not be able to be realised in a year as it may take a longer time, perhaps in two to three year’s time,” he said.

 The Assembly sitting was the first since the entry of Parti Pribumi Bersatu Malaysia or Bersatu to Sabah a fortnight which saw the exodus of former Sabah Umno members to the party, led by its Sabah head Datuk Seri Hajiji Noor (Sulaman).

 Bersatu is part of the ruling coalition at federal level. 

 The reduced opposition bench now consists of five assemblymen from Parti Bersatu Sabah (PBS), three from Parti Solidariti Tanah Airku (Star) and sole Umno assemblyman, former Chief Minister Tan Sri Musa Aman.

 As a result of the development, the government side is now 51, excluding four Nominated Assemblymen.





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