"Hi Everyone,
I believe that the Act supercedes the Order even if we argue that the Order was agreed ahead. This is by the *Principle of Implied Repeal.*
Implied Repeal is when a newer Act is inconsistent with an older Act. The older Act impliedly repealed and the newer Act comes into force.
Further under the Malaysian Federal system. The Federal government has supremacy on matters in the Federal list which includes mining of resources.
My suggestion is that Sarawak Government should seek an amendment to the PDA or better yet ask the Federal Government to amend our system to follow a system similar USA & Australia. Where the States have more significant power.
I believe this should be done while the current government is in power as their political position is weaker. We should also not accept political promises. Which is not binding and is enforced arbitrarily by whoever is in power.
While this is not what people want to hear. But it is important we understand the law as it is. Not as we want it to be.
We should definitely push the Federal govt feet to the fire and truly see if they will just give us unstable political promises or make actual legal amendments.
Also I think it is high time that Sarawak & Sabah MP's create a bloc where no matter their party affiliation they will vote the same way in Parliament just like they practice in the American Congress."
No comments:
Post a Comment