KOTA KINABALU - “The statement from Minister Nancy who hails from Sarawak is extremely disappointing and reeks of a “Malayan colonial master” mindset. Is she running away from her ministerial responsibility or due to subservience indoctrination after 2 and ½ years in Putrajaya in the company of her political masters?” asked Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief, commenting on the call by the Minister for evidence of non-compliance of the Malaysia Agreement and the IGC Report.
If, as the Minister in charge with her ministerial staff, she is unable to review and advise the federal government on the non-compliances, why is she being paid her ministerial salary, allowances and perks and her staff paid monthly emoluments for?
If the Minister is asking the people to do her job, then there is no need for her appointment as a Minister. Obviously, the Prime Minister has appointed the wrong person. She might as well resign and let a more capable person be appointed instead.
At the outset, it was agreed in the Anglo-Malayan talks in London in November 1961 that Malaysia was to be a new nation comprising 5 territories, Malaya, Singapore, Sabah (North Borneo then), Sarawak and Brunei (who opted out at the last minute).
The Hansard of the British Parliament on 28 November 1961 recorded Hon. Mr. Duncan Sandys, Secretary of State for Commonwealth Relations as stating that:
“As a result of discussions last week with the Prime Minister of Malaya and other Malayan Ministers, we agreed that the creation of a Federation of Malaysia, embracing Malaya, Singapore, North Borneo, Sarawak and Brunei …..”
On the Minister’s next visit to Kuching, the Minister should verify with her Chief Minister for confirmation that Sabah, Sarawak and Singapore formed Malaysia with the Federation of Malaya.
It was always on this basis from the discussions in the Cobbold Commission, the Malaysia Solidarity Consultative Committee, the Inter-Governmental Committee and the numerous statements and promises by Tunku Abdul Rahman and other Malayan leaders. Even the Proclamation of Malaysia read by Tunku Abdul Rahman and leaders in Singapore, Sabah and Sarawak stated:-
“… it was agreed that there shall be federated the States of Sabah, Sarawak and Singapore with the Federation of Malaya comprising the States of Pahang, Trengganu, Kedah, Johore, Negri Semblan, Kelantan, Selangor, Perak, Perlis, Penang and Malacca, and that the Federation shall thereafter be called “Malaysia”
Lord Cobbold, Chairman of the Cobbold Commission stated that “It is a necessary condition that from the outset, Malaysia should be regarded by all concerned, as an association of partners, combining in the common to create a new nation but retaining their own individualities” and that “If any idea was to take root that Malaysia would involve a ‘take over’ of the Borneo territories by the Federation of Malaya and the submersion of the individualities of North Borneo and Sarawak, Malaysia would not, in my judgment, be generally acceptable or successful.”
How is it that the formation of Malaysia has become Sabah and Sarawak joining the Federation of Malaya and equal to the States in Malaya with the Federal Constitution amended on 27 August 1976 to make Sabah and Sarawak as the 12th and 13th States of Malaya and Malaya disguising itself as the Federation of Malaysia?
Will Minister Nancy now be tabling an amendment to the Federal Constitution to rectify the wrongful amendment on 27 August 1976 and restore Sabah and her homeland Sarawak as equal partners to Malaya?
“To make matters easier for her, I will just highlight other 2 non-compliances of the IGC Report and the 18/20-Points” added Dr. Jeffrey.
Land and natural resources come under the jurisdiction of Sabah and Sarawak and is provided for in the State List in the 9th Schedule of the Federal Constitution.
“How is it that on 27 March 1975, PM Najib’s late father, Tun Abdul Razak, signed the Vesting Order vesting Sabah and Sarawak’s oil and gas resources to Petronas, which is 100% owned by the federal government, in breach of the Federal Constitution and the Sabah Land Ordinance (in the case of Sabah)?”
Sabah gave up 60% of her revenues in return for the promises of development and security. Sabah’s entitlement of the 40% net revenues derived from Sabah is set out in the 10th Schedule of the Federal Constitution, which is clear and unequivocal.
A Memorandum on this 40% net revenue was presented to PM Najib on 15 July 2015 and he agreed to establish a Special Committee to look into it and promised that the entitlement will be honoured as it is in the Federal Constitution.
Will Minister Nancy then be doing her job to rectify the non-compliances now that it is highlighted?
Will she be getting the federal government and PM Najib to rectify his late father’s mistake and return the oil and gas resources to Sabah and Sarawak?
Will she be reminding PM Najib to return the 40% net revenue entitlement to Sabah which has not been paid since 1974 starting with Budget 2016 which is to be tabled this October 23?
Now that she is on the non-compliances, the Minister should also look into the others in the long list of non-compliances starting with a review of the Malaysia Agreement and the Federal Constitution following up on the last Ministerial Committee meeting held on December 4, 1975.
Perhaps, after looking at the long list of non-compliances, it will not be surprising if she opines that the basis for the formation of Malaysia has failed and broken down irretrievably with broken promises and shattered dreams for Sabah and Sarawak and with “divorce” as an option. If so, she should take the easier route and advise the federal government to dissolve Malaysia and let Sabah and Sarawak go their own ways and chart their own future like Singapore and Brunei.
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