Harris queries validity of M’sia Agreement 1963

The former chief minister says there are several questions that need to be answered on MA63.

(FMT) – Former Sabah chief minister Harris Salleh believes that beyond Article 1(2) in the Federal Constitution, several questions remain to be answered on the Malaysia Agreement 1963 (MA63).

For starters, he said in a statement carried by the Daily Express, there was the question of the legal validity of MA63.

He agreed with Sabah Chief Minister Musa Aman that MA63 and the constitutional documents on Malaysia had been incorporated in the Federal Constitution.

“Those relying on MA63 should determine its position, in relation to the power of the federal government, besides its validity,” said Harris.

According to Harris, these are the questions that arise:

Does it mean that all laws passed by the Malaysian Parliament must comply with MA63?

If any law does not, is it illegal?

Is MA63 more supreme than the Malaysian Parliament?

If so, does it mean the Malaysian Parliament is subordinate to MA63?

“Reverting to the 1963 Constitution is like using a bandage to cover a huge crack,” he said. “Reverting to the 1963 Constitution is unnecessary.”

The amendment was passed by Parliament in 1976, he reminded, and there was representation by all states.

He also agreed with the Sabah chief minister that there was “no substantive change” in the status of Sabah and Sarawak under the 1976 amendment.

He suggested that those pushing for a return to the 1963 Constitution should state what rights had been taken away by the federal government from the Borneo states.

He also urged them to consider pushing for acceptable arrangements in power sharing, social order, finance/revenue and natural resources.

“Just going back to the 1963 Constitution vide the pre-1976 Article 1(2) will not work,” cautioned Harris.

He called for comprehensive and thorough consideration on the respective functions, roles, and responsibilities of each component in the federation, including rights to finance and natural resources.

The bottom line, according to Harris, is that 1976 has passed and 1963 was even more distant in the past. Since then, Malaysia had changed and “there’s a whole new world out there”.

In a little digression, the former chief minister blamed “negative” policies for the “plight” of the people in Borneo.

“Sabah and Sarawak are backward because of the indifference of the federal government,” said Harris. “The delivery systems are poor and federal officials are indifferent as well.”