Chief Justice: Safeguards valid for Sabah, S'wak

KOTA KINABALU - The formation of Malaysia in 1963 was the passage to independence for Sabah and Sarawak which came with special safeguards.

The States of Malaya gained independence from the British in 1957.

"Last year we celebrated the 50th anniversary of the formation of Malaysia. It was a key milestone marking a half century since the states of Malaya, the Borneo states, namely Sabah and Sarawak, and Singapore joined as partners to form a free, independent and sovereign country - Malaysia," said Chief Justice of Malaysia, Tun Arifin bin Zakaria.

"The Cobbold Commission Report which was published on August 1, 1962 contained the unanimous conclusion that a Federation of Malaysia was in the best interests of Sabah and Sarawak," he said in an address to judges and lawyers during the book launch of 'The Constitutional Rights of Sabah and Sarawak' by Sukumaran Vanugopal at Hyatt Hotel here recently.

"The Inter-Governmental Committee (IGC) set up by the British and Malayan governments to work out the constitutional arrangement for the future of Malaysia recommended safeguards for the special interests of Sabah and Sarawak (from the 20 Points of Sabah and 18 Points of Sarawak).

"This is to cover matters such as religious freedom, education, control of immigration, citizenship, the position of indigenous races and the State Constitutions.

"All these important work and recommendations make up the formation of the constitutional law and rights of the States of Sabah and Sarawak."

"The Federal Constitution was amended on the formation of Malaysia to implement many of the safeguards recommended by the IGC.

The subsequent constitutional amendments on the exit of Singapore are specifically highlighted.

"The effect of those amendments on the constitutional protection and safeguards guaranteed to Sabah and Sarawak are dealt with in (Sukumaran's) book.

"It is a fitting tribute to the development of the law in the two key partner states of the Federation which was formed half a century ago," Arifin said.

Opposition political leaders in the audience, including Datuk Dr Jeffrey Kitingan, were elated to hear the terms "joined as partners" and "the two key partner states of the Federation".