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Thursday, 20 March 2025

The dead horse theory

From Mosses P Anap RSNB Ngo

*The Horse Dead Theory in Relation to the Invalidity of MA63*

The Horse Dead Theory is a metaphor that means when something no longer serves its purpose, it is pointless to keep using or trying to fix it. Instead, one should acknowledge its failure and move on. Applying this to the Malaysia Agreement 1963 (MA63) helps illustrate why Sabah and Sarawak should stop relying on it and seek a new path—independence.


1. MA63 is a “Dead Horse” Because It Is No Longer Valid

A horse is considered “dead” when it no longer functions as intended. Similarly, MA63 was supposed to be the legal framework that formed Malaysia, but its legal and political foundation has collapsed over time. Here’s why:

a) MA63 Was Violated Repeatedly
 • The Malaysian government has consistently ignored or broken the terms of MA63.
 • Sabah and Sarawak were promised equal status with Malaya, but they were downgraded to mere states within Malaysia.
 • Autonomy rights, revenue-sharing agreements, and Borneo’s special privileges were gradually eroded by federal laws.
 • If the agreement has not been honored for decades, how can it still be considered valid?

b) The Departure of Singapore in 1965 Rendered MA63 Invalid
 • MA63 was a multilateral agreement between Malaya, Sabah, Sarawak, and Singapore to form Malaysia.
 • When Singapore left in 1965, the structure of Malaysia changed without consulting Sabah and Sarawak.
 • This violated the basic legal principle that any change in a multilateral treaty requires the consent of all parties.
 • If MA63 was altered without agreement, it is no longer legally binding.

c) Malaysia’s Request to Amend MA63 Was Rejected by the British Government
 • Malaysia tried to seek British approval to amend the terms of MA63, but the British government rejected the request.
 • This shows that even the original colonial power does not recognize the legitimacy of Malaysia’s legal claims over Sabah and Sarawak.
 • If even Britain sees the flaws in MA63, why should Sabahans and Sarawakians believe it can still be used?


2. Malaysia Keeps “Whipping the Dead Horse” Instead of Accepting Its Failure

Even though MA63 is legally and politically dead, Malaysian leaders continue to act as if it can be revived. This is like whipping a dead horse, hoping it will move.

a) The False Promise of “Restoring MA63”
 • Malaysian politicians keep saying they will “restore Sabah and Sarawak’s rights” under MA63.
 • But how can you restore something that is already legally dead?
 • They use this as a delay tactic to keep Sabah and Sarawak in Malaysia while making minor changes that do not solve the core problem.

b) The 2021 Constitutional Amendment: A Fake Solution
 • In 2021, Malaysia amended the Federal Constitution to say that Sabah and Sarawak are now “equal partners” again.
 • But this was just symbolic, with no real power, autonomy, or economic independence.
 • This is like trying to feed a dead horse instead of realizing it’s time to dismount.


3. The Logical Step: Stop Relying on MA63 and Move Forward

If a horse is dead, the solution is not to keep riding it, but to find a new horse. Similarly, if MA63 is invalid, the solution is not to keep negotiating under Malaysia—it is to pursue full independence.

a) Independence Is the Only Real Solution
 • Since MA63 has collapsed, there is no longer a legal basis for Sabah and Sarawak to remain in Malaysia.
 • Continuing to fight for “better treatment” within Malaysia keeps Sabah and Sarawak trapped in a system designed to exploit them.
 • Just like a rider must find a new horse, Sabah and Sarawak must find a new political status: independence.

b) Relying on MA63 Will Only Waste More Time
 • If people continue believing in a dead agreement, they will delay real progress.
 • Malaysians will keep offering false promises, but the fundamental problem will never be solved.
 • The sooner Sabah and Sarawak dismount from this “dead horse,” the sooner they can build a better future on their own terms.


Conclusion: Time to Stop Pretending and Take Action
 • MA63 is dead—legally, politically, and practically.
 • Malaysia keeps pretending it’s alive to keep Sabah and Sarawak under its control.
 • Fighting for MA63’s restoration is a waste of time—the only real solution is to leave Malaysia and establish an independent Sabah.
 • The people of Sabah and Sarawak must recognize this reality and move forward boldly.

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