By Remy Majangkim, MA63, activist, tutor, and historian
KOTA KINABALU: Sarawak Premier Abang Johari Openg has made it clear in recent days that after Singapore’s exit from the Federation of Malaysia, the Borneo States must receive an additional 30% of Parliament seats.
He further emphasised that if this is not realised soon, Parliament will allow through the abolishment of the Malaysia Agreement 1963 with constitutional amendment.
The Constitution has several safeguards to protect the Malaysia Agreement of 1963. Malaysia is bound by a written constitution, and Parliament does not reign supreme. Under constitutional law, a state means a nation; quite interestingly, for the Borneo States, it is different from any other state in Malaya. As the Federation of Malaya (now Malaysia) encompasses, all the states in peninsular Malaysia, the Borneo States (Sabah & Sarawak), and Singapore are the founding members of Malaysia.
The formation of Malaysia was finalised with the inclusion of input from an inter-governmental meeting, a signed agreement, and acceptance by the Federation of Malaya under Malaysia Act No. 26, incorporated into the new Federal Constitution.
The Federation of Malaysia operates under a constitutional monarchy, with the Yang di-Pertuan Agong serving as the head of the states of Malaysia. Additionally, it includes six sultans (Selangor, Terengganu, Kelantan, Pahang, Johor, Kedah, Perak), a Raja (Perlis), the Yang Di Pertuan Besar (Negeri Sembilan), and a Yang di-Pertua Negeri (Malacca, Sabah, Sarawak).
So what makes up the state of Malaysia? It is divided into three organs, namely the Legislature (Parliament), the Judiciary (Judges and lawyers), and the Executive. (Lead by the sitting Prime Minister and its cabinet.)
The Federation of Malaya (now Malaysia) and Malaysia Parliament do not have the authority to revoke or alter the Malaysia Agreement of 1963.
This agreement is part of the ongoing decolonisation process imposed by the British on the Federation of Malaya as its trustee. In order to do so, all participating members were to call back into the table for an arbitration. (British, Singapore, Malaysia (formerly known as the Federation of Malaya), Sabah, and Sarawak)
The Malaysia agreement has several “entrenchment clauses” to ensure that the terms of the agreement adhere. Notably between articles 95B to 169 of the Federal Constitution, concurrent list, state list, ninth and tenth schedule.
However, the declaration of an emergency lasted for 42 years from 1969 to 2011, which has shifted the goalpost to Federation Malaya advantage.
The Borneo States are engulfed by Malaya and are part of the Federation of Malaya, which leads to disparity development between West and East Malaysia, much more.
The end of an emergency ordinance should result in the Federal Government returning the Borneo rights that were taken over the years, but there is an unwillingness to do so.
It seems that Parliament is the supreme law of the nation without any checks and balances. That can only be done during the emergency period.
The Constitution serves as a guide and rulebook for members of parliament to follow.
As stated in Article 4, the constitution is the supreme law of the federation.
Therefore, all Members of Parliament are duty-bound and have sworn to uphold the Constitution.
