Jeffrey: Does Sabah belong to KL?

Is the recent transfer of Sabah judges to the peninsular part of the federal government’s Malayanisation programme?

KOTA KINABALU: The failure of Sabah Barisan Nasional government to assert its authority and stamp out attempts by the federal government to impose Malayan hegemony over the state and her citizens has raised a red flag in the state.

State assembly representative Jeffrey Kitingan said the sudden and unusual transfer of local judges and magistrates to the peninsula – and replaced by those from Peninsular Malaysia, and the silence of the state government on the matter is a cause for concern.

Describing it as highly unusual, Kitingan said the consequential replacements with Malayans raised questions over the motives of the federal leaders in their treatment of Sabahans and Sarawakians.

“Is this part of the federal government’s Malayanisation programme? Isn’t their replacements contradictory with the Borneonisation set out under the 20-Points and the Malaysia Agreement?,” he asked.

The Bingkor assemblyman said the issue of transfers, Borneonisation and rights of Bornean people of Sabahans and Sarawakians are important aspects of the special rights and privileges of the two states that were agreed to during the formation of Malaysia.

“Is there no government in Sabah to look after Sabahans? Has the Sabah government been consulted?

“Is the Sabah government aware of this? Has the Chief Judge of Sabah and Sarawak been consulted?.

“It seems to me that the federal government no longer respects the special rights and privileges of Sabah and Sarawak,” he said, adding that the Sabah government must make an official stand on the matter.

Kitingan who never misses an opportunity to point out infringements of state autonomy guaranteed by the Malaysia Agreement, said the transfers raise questions about whether the authorities were ignoring the laws.

He reminded that at the outset of the formation of Malaysia it was agreed that there would be a High Court of Borneo (now known as the High Court in Sabah and Sarawak) and the appointment of judicial officers and commissioners would be under its jurisdiction.

No place for extremism

He pointed out that while the lower courts officers come under the judicial and legal service commission, the federal government had ignored the fact that Sabah had its own set of local and customary laws and not just federal laws alone.

“The land laws take cognizance of local native customary rights and the local native customary laws are alien to Malayans, as if it is from another world compared to Sabah.

“In the dispensation of justice, Sabahans are entitled to and expect to be judged by qualified persons and knowledge of local laws and customs should a pre-requisite in Sabah,” he said.

The transfer of the local judges and magistrates has raised questions over Malay hegemony in Borneo since both the Director of the Courts and the Chief Registrar of Courts are from Malaya. Both these positions, he said, should be held by Borneo natives,

“Is the transfer an attempt to prevent a local native from being promoted? Is the move a pre-cursor to bringing in another Malay from the peninsula?” Kitingan asked.

“Whatever the motive or objective of the transfer and subsequent replacement exercise, the Sabah government and the Chief Judge of Sabah and Sarawak need to look into the matter and assert their authority as Sabahans expect them to do.” he added.

Kitingan also drew an unflattering parallel between how Sarawak Chief Minister Taib Mahmud asserted Sarawak’s unique position as a partner in the formation of Malaysia and the silence of the Sabah Barisan Nasional government when hegemonic policies are thrust on the state.

“The Sabah government must do likewise and stop any attempt to impose Malayan Muslim hegemony in Sabah. There is no place in Sabah for such race and religion extremism,” he said.