By Jeffrey Kitingan
The laws are not being enforced in the country, the Rule of Law no longer prevails, and the government in Putrajaya has no legitimacy.
COMMENT . . . The people in Malaysia have now lost their sovereignty four times over.
The first time was in Borneo through the Federal Government in Putrajaya being in non-compliance on the Malaysia Agreement 1963 (MA63), especially since 1976. MA63 is the basis for Sabah and Sarawak to be in Federation with Malaya . No MA63, no Malaysia .
The second time arises from the fact that there has been no change in the ruling party in Putrajaya for an uninterrupted nearly 60 years.
The third time refers to the issuance of MyKads to an estimated 600,000 illegal immigrants in Sabah , in violation of the Federal Constitution, and entering many of them in the electoral rolls.
The fourth time emerged in the wake of the 1MDB mega global financial following the Attorney General (AG) Mohd Apandi Ali misreading his Role under the Federal Constitution. The AG cannot decide that the “prerogative and discretionary” powers that he has under the Federal Constitution includes allowing guilty parties to act with impunity.
The issue now in Borneo is the way forward. What’s the basis for Sabah and Sarawak to be in Federation with Malaya especially since 1976?
The UN Secretary General should either consider a new Trustee for Sabah and Sarawak, to replace Malaya , or allow the process of self determination to take place under international law.
Again, Malaysia has no legitimacy in Borneo .
Patently, the people of Sabah and Sarawak have lost their sovereignty to a handful of people in power in Putrajaya.
It was not the Intention of the Founding Fathers for Sabah and Sarawak to be the 12th and 13th states in the Federation of Malaya.
Malaya is now masquerading as the Malaysia of the Malaysia Agreement 1963 (MA63).
Two facts would suffice to illustrate that the government in Putrajaya has been in non-compliance on MA63.
Article 1 of the Federal Constitution, since 1976, refers to Sabah and Sarawak as the 12th and 13th states in a Federation. Before 1976, Sabah and Sarawak were Equal Partners of Malaya in a Federation.
Article 160 of the Federal Constitution defines “Federation” as that set up by the Federation of Malaya Agreement 1948 and reinforced by the Federation of Malaya Independence Act 1957. This is a Federation of the States in Malaya .
Malaya is a Trustee on MA63, an International Treaty signed by five governments — United Kingdom , North Borneo, Sarawak , Singapore , and Malaya — and lodged with the UN Secretary General.
The Writer: Jeffrey Kitingan, Sabah lawmaker and longtime Borneo rights activist, was once incarcerated for nearly four years in the early 90s, under the draconian Internal Security Act (ISA), without trial.
Jeffrey is Bingkor Assemblyman and President of Parti Solidariti Tanah AirKu (Star), a member of the three party United Sabah Alliance ( USA ).