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CALLING Sabah as one of the 13 states of Malaysia starkly overlooks the profound historical and legal context that sets Sabah apart as an equal partner in the federation. 

To reduce Sabah’s status to that of a mere state as was attempted in 1976 but reversed in 2021 ­is to ignore the foundational agreements and constitutional safeguards that were meticulously crafted to ensure its unique position within Malaysia. 

This analysis delves into the historical context, legal frameworks, and recent constitutional amendments that collectively affirm Sabah’s status as more than just a state.

Historical Context

Formation of Malaysia

The Federation of Malaysia was formed on 16 September 1963, bringing together the Federation of Malaya (comprising 11 states), Sabah, Sarawak, and Singapore (which later left in 1965). 

The formation of Malaysia was the result of the Malaysia Agreement 1963 (MA63), signed by the United Kingdom, the Federation of Malaya, North Borneo (now Sabah), Sarawak, and Singapore. 

This agreement laid down the terms and conditions for the formation of the new federation.

Sabah’s Unique Position

Sabah’s inclusion in Malaysia was not as a mere state but as a partner in the federation.

The Cobbold Commission, which was set up to determine the wishes of the people of Sabah and Sarawak, reported a significant desire for these regions to join Malaysia but with certain safeguards and special autonomy. 

As a result, Sabah (and Sarawak) was granted specific rights and privileges, distinct from the existing states of Malaya.

Legal Framework and Amendments to the Federal Constitution

1. Malaysia Agreement 1963 (MA63)

The MA63 is a fundamental document that outlines the conditions under which Sabah, Sarawak, and Singapore (at the time) agreed to form Malaysia. Key points include:

Autonomy - Sabah and Sarawak were granted considerable autonomy in areas such as immigration, education, and religion.

Special Legislative Lists - The Ninth Schedule of the Federal Constitution includes special legislative lists for Sabah and Sarawak, giving them legislative powers that other states do not have.

Additional Protections - Article 161 of the Federal Constitution provides special provisions for Sabah and Sarawak, including safeguards for their native peoples and control over immigration into their territories.

2. The Federal Constitution

The Federal Constitution of Malaysia incorporates provisions from the MA63 to ensure Sabah’s (and Sarawak’s) unique status. Key constitutional provisions include:

20-Point Agreement - Although not part of the Federal Constitution, this document details Sabah’s specific conditions for joining Malaysia, including control over immigration, Borneanisation of the civil service, and guarantees of religious freedom.

Article 161E - Protects the special position of Sabah and Sarawak in terms of representation in Parliament, the power of the state legislatures, and financial arrangements.

Article 112C and 112D - Provide for special grants and sources of revenue for Sabah and Sarawak, acknowledging their unique economic and developmental needs.

Constitution (Amendment) Act 2022

In an effort to reinforce Sabah’s (and Sarawak’s) status as equal partners within Malaysia, the Constitution (Amendment) Act 2022 was passed unanimously by the Dewan Rakyat on 14 December 2021 and received royal assent on 11 February 2022. 

This amendment was specifically aimed at giving effect to the Malaysia Agreement 1963 (MA63). Key aspects of the amendment include:

Restoration of Equal Partner Status - The amendment formally acknowledges Sabah and Sarawak as equal partners to Malaya, rectifying any perception that they are mere states.

Revised Constitutional Language - Changes were made to the constitutional text to reflect the original spirit of the MA63, ensuring that the partnership status of Sabah and Sarawak is explicitly recognized and protected.

Critical Analysis Sabah as a Partner

The historical agreements and the specific provisions within the Federal Constitution, reinforced by the Constitution (Amendment) Act 2022, underscore that Sabah (and Sarawak) were envisaged as equal partners in the formation of Malaysia, rather than mere states.

The special protections and autonomies granted reflect this intention.

Erosion of Rights

Over the decades, there have been claims that some of the special rights and autonomies of Sabah have been eroded. For instance:

Petroleum Rights - The controversy over the Petroleum Development Act 1974, which essentially transferred ownership and control of petroleum resources from Sabah (and Sarawak) to the federal government, is often cited as an example of this erosion.

Developmental Disparities - There is also ongoing debate about whether Sabah has received its fair share of development and resources, compared to Peninsular Malaysia.

Recent Developments

The passage of the Constitution (Amendment) Act 2022 is a significant development in the ongoing efforts to restore and recognize Sabah’s special status within the federation.

This legislative action demonstrates a clear commitment to upholding the spirit of the MA63 and ensuring that Sabah is treated as an equal partner in Malaysia.

Affirming Sabah’s Status

While it is technically accurate say that Sabah is one of the 13 states, it fails to acknowledge the profound historical and constitutional context that sets Sabah apart. The Malaysia Agreement 1963 and subsequent constitutional provisions, reinforced by the recent Constitution (Amendment) Act 2022, unequivocally establish Sabah as an equal partner in Malaysia.

It is imperative to recognize and uphold this status, ensuring that Sabah’s rights and autonomy are preserved and respected. 

To do otherwise is to undermine the very foundation upon which Malaysia was built. Sabah is not merely a state, but an equal partner in the Malaysian federation.

The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]