Remy Tony Sulil Majangkim
Published: Mar 29, 2022 11:33 AM
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.
