LETTER | What happened to Sabahan's constitutional rights? 

LETTER | The Malaysia Agreement 1963 (MA63) was signed in London on July 9, 1963, and the British  Parliament enacted a law on July 31, 1963, called the Malaysia Act Chapter 35.

Henceforth,  the formation of Malaysia in 1963 with Malaya and the British colonies comes with sets of conditions, which had been agreed upon by Malaya to undertake. 

One of their obligations is the financial provision to the state of Sabah, affixed in the MA63 and inserted in the Federal Constitution.

These obligations can be seen in the financial provision of the MA63 and under Article 112C, 112D and in the tenth schedule under Part IV, special grants to the states of Sabah & Sarawak (Part 2) of the  Federal Constitution. 

Sabahans have been clamouring for the provision (40 percent) as it is clearly stated in the Federal  Constitution, for years.

Our present Sabahan politicians have failed, ignored and delayed indefinitely, what should be our constitutional rights. 

We are also shocked to learn that a gazetted announcement labelled “secret” has been uncovered by the opposition, which shows that the federal government in 1970 (less than seven years after signing MA63), ceased to pay the states the 40 percent of the total net revenue collected from the states. 

The gazette worded in both Malay and English in Article 2 “hendak-lah berhenti” and “shall cease”  payment, is in serious breach of the Malaysia Agreement 1963.  

Any changes made to these Articles (112C & 112D) that has had a direct connection to the  MA63 treaty, requires the signatories to go back to the negotiation table,  which then requires calling back the landowner, the British. 

Coincidentally, what also needs to be known is that constitutional safeguards are in place in the Federal Constitution, specifically in Art 169(C) under International Agreement and Article 76. 

The recent constitutional amendment inserting Malaysia Day in the Federal Constitution thus strengthens our identity.

The inconsistency is glaring, as any changes to the gazette require changes in the written constitution under Art 160A by order of the Yang d-Pertuan Agong.

Yet, for over a span of 50 years, those changes in the constitution have never happened. 

The government of the day has an obligation to fix this abnormality and pay Sabah its dues. 

Any attempt to avoid doing so shall result in the beneficiaries acting accordingly and declaring invalid the MA63 because of this breach of the agreement. 

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.