KOTA KINABALU: The passing of the constitutional amendment in Parliament marks the formalisation of the Malaysia Agreement 1963 as part of the Federal Constitution after 58 years, says Datuk Seri Dr Maximus Ongkili.
The Minister in the Prime Minister’s Department (Sabah and Sarawak Affairs) said the amendment was historic and ground-breaking for Sabah and Sarawak as well as the nation as a whole.
“It was a victory for everyone,” said the Parti Bersatu Sabah (PBS) president, who is also Kota Marudu MP.
He said with the amendment of Article 1(2) and Article 160(2), MA63 will become entrenched in the Federal Constitution and become the basic reference of the rights of the Borneo States of Sabah and Sarawak in the federation.
“Prior to this, rights and privileges of both states could only be referred to as pre-constitutional documents, not as constitutional rights.
“With the amendments, all pre-constitutional documents such as the Malaysia Agreement, Inter-Governmental Committee (IGC) Report, Cobbold Commission, and even the 20 Points and 18 Points can now be directly cited as legal and constitutional because these were all appendices of the Malaysia Act and the Malaysia Agreement.
“This is indeed a massive historical legal breakthrough,” he said in a statement on Wednesday (Dec 15).
Ongkili noted that he was aware there were many “knockers and political opponents” who argued wrongly, and said there was nothing much in store in the amendments of the two Articles.
“They got stuck with the simple desire of gaining so-called equal status for Sabah and Sarawak.
“Of course, this is important. But they forgot the key goal of first ensuring that the Malaysia Agreement becomes part of the Federal Constitution.
“Only with that achievement that the key historical documents of the 20 Points, Cobbold Commission, and the IGC will get their real value as the legal basis to fight for the rights of Sabahans and Sarawakians, including demanding for equal status if this assurance is in the MA63, IGC or Cobbold documents,” Ongkili added.
Rights and assurances such as oil and gas, economic progress especially in the fields of infrastructure, education, health, religion, culture and native rights, security, digital technology, and others will now carry legal weightage and cannot be ignored by the Federal Government because of the legal documents to back up the demands of Borneo States.
As head of the Sabah and Sarawak Affairs portfolio in the Cabinet, he thanked both Prime Minister Datuk Seri Ismail Sabri Yaakob and former premier Tan Sri Muhyiddin Yassin for their leadership to ensure MA63 became part of the Federal Constitution.
“It is because of these two leaders that we achieved yesterday’s constitutional amendment.
“We would also like to acknowledge the role and contribution of Sabah and Sarawak Chief Ministers, Datuk Seri Hajiji Noor and Tan Sri Abang Johari Openg, who were so committed to ensuring that the Members of Parliament from both states would support the amendment fully,” said Ongkili.
“The numbers were beyond the required two-third majority. There were no opposing votes; just 20 MPs who were not present,” Ongkili said.