‘Heirs’ should claim from UK, not Malaysia
Published on: Sunday, July 31, 2022
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I REFER to the issue concerning the Sulu Sultanate claims on Sabah. Even though the matter is still subjudice as claimed by the Speaker of Parliament and Speaker of Sabah Assembly.  

This is an international claim. Therefore, legally only the International Court of Justice can hear the issue and decide on the evidence presented. It is not for the Malaysian Parliament nor the Sabah Legislative Assembly to reject the discussion outright.

The culprits were the British who cunningly transferred the mortgage (Pajak) to another without disclosing the encumbrance of the agreement between the British and the Sultan of Sulu under the Malay term “Pajak”.  

The British did not disclose the Pajak encumbrance which remains valid “selagi ada bintang dan bulan” (English translation: ‘the Pajak remains as long as there exist stars and moons’).

Based on this argument the aggrieved, the Suluks should direct their claim at the British Government and not Malaysia.  

The British still uphold the rule of law till this day and should, therefore, be held legally responsible for handing over property that never belonged to them.  

A possible solution is for the British to pay compensation to the Sultanate of Sulu and nullify the Pajak Agreement. This is the legal position.  

No matter how many times Parliament or the Sabah Legislative Assembly reject the Sulu claim, it will remain an issue.

It is, therefore, important for the Sultanate of Sulu to settle with the British once and for all the claim on Sabah by nullifying the Pajak Agreement. One should bear in mind that the Philippines Government still consider the concept of “Pajak” relevant and legal.

As long as the issue of “Pajak” is not solved by the British and the “Sulu Sultanate”, this issue will remain as long as there are stars and moons. It is not the question of security, economically or otherwise, it is the question of Pajak Agreement.

It is actually advisable for Malaysia and those irrational leaders with an urge to be a “hero” to stop all discussions on this matter. 

Doing so gives it credence by admission and may jeopardise any litigation proceeding.

Datuk Julaspi

- The views expressed here are the views of the writer Datuk Julaspi and do not necessarily reflect those of the Daily Express.

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