Irresponsible for EC to say Malaysia Agreement not binding – Dr. Jeffrey

KOTA KINABALU - “It is irresponsible for the EC Chairman to say that the Malaysia Agreement 1963 (MA63) is not binding on the Election Commission and brush aside Sabah and Sarawak’s claims for 35% of the parliamentary seats which were constitutional safeguards when they agreed to form Malaysia in 1963. It is a typical mindset of colonial-like masters from Malaya ignoring the basis of the formation of Malaysia,” said Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief, in response to the EC Chief’s statement that the EC will follow the Federal Constitution and that MA63 was not binding on the EC.

The EC Chief ought to take serious legal advice on and respect the basis of the Formation of Malaysia.  He should also read up MA63 and in particular the 20-Points and the Inter-Governmental Committee Report as well as the Cobbold Commission Report.

The EC should heed the advice of the Sarawak senior Minister that “If the 1963 agreement is not to be honoured, then the Federation of Malaysia should be declared null and void”.

Without MA63, Malaysia would not have been formed and Malaysia would not be in existence today.

What Malayans would have is only the Federation of Malaya comprising the 11 States in the Peninsula formed pursuant to the Federation of Malaya Agreement 1957 and Sabah and Sarawak would be independent on their own.

Without MA63, there would have been no Federal Constitution of Malaysia but the Federal Constitution of the Federation of Malaya.

It is without doubt that the Federal Constitution is subject to MA63 which is higher than the Federal Constitution.

If the EC is serious about complying with the Constitution, then it should start acting independently and stop the gerrymandering and being used as a political tool for Umno/BN to remain in power through dubious means and ensure fair and clean elections are conducted.

If the EC thinks that MA63 is not binding, then it should write in officially to the Prime Minister to dissolve the Federation of Malaysia and let Sabah and Sarawak go their own ways as what was done to Singapore in 1965.

If the EC does not wish to allow Sabah and Sarawak to go on their own, then the EC should start a fresh re-delineation exercise and carve out 35% of the parliamentary seats for Sabah and Sarawak and be reminded that the allocation of parliamentary seats for Sabah and Sarawak should not be based solely on population but also on size and potentialities.