Jeffrey: Pandikar is wrong, misleading Sabahans

KOTA KINABALU: Parti Solidariti Tanah Airku (Star) president Jeffrey Kitingan has accused Dewan Rakyat speaker Pandikar Amin Mulia of having misled Sabahans regarding the state’s rights under the 1963 Malaysia Agreement (MA63) and 40% net revenue under the Malaysian constitution.

Jeffrey was referring to the statements attributed to Pandikar in a speech at a public forum about MA63 here yesterday.

“ He may have his reasons, but he is obviously twisting facts with pure empty political rhetoric for political survival,” he said in statement today.

Jeffery said he disagreed with Pandikar on three issues he touched on.

Firstly, the discontentment and unhappiness over the formation of Malaysia and the treatment of Sabah and Sarawak by Malaya and the federal government is real and not imaginary or rhetoric.

“Even Umno leaders and members in Sabah are clamouring for the return of Sabah’s rights and autonomy as promised,” said Jeffery.

Secondly, Jeffery said, the special rights of Sabah, including those under Article VIII of MA63 and those written in the Federal Constitution, such as the 40% net revenue derived from Sabah and other additional revenues assigned to Sabah, have yet to be implemented.

Thirdly, it is incorrect to infer that if these revenue rights are implemented, Sabah would get less from the federal government.

The formation of the Federation of Malaysia, according to Jeffery, was a political process taking place over several years.

It is wrong and inappropriate to base an opinion on a literal reading and interpretation of MA63, particularly Pandikar’s reference to Article 1 thereof.

“To properly understand the Malaysia project, which was a British and Malayan agenda and conspiracy to colonise Sabah and Sarawak, one needs to read and understand the various documents during the process of the formation and the various agendas of the players involved,” he said.

“Apparently, Pandikar does not seem to appreciate the concerns of Sabah’s founding fathers, including what happened in Brunei, Indonesia, the Philippines and the United Nations during the process.

“The process started with the London talks in London in November 1961 where the prime ministers of the United Kingdom and the Federation of Malaya agreed to create a new federation of Malaysia, embracing Malaya, Singapore, Sarawak and then North Borneo as well as Brunei.”

As the speaker of Parliament, Jeffery said, Pandikar is doing a great disservice with his distorted views that the relevant constitutional documents are not valid, that the MA63 and the rights of Sabah have been fully implemented.

“Article VIII of MA63 clearly spelt out that the governments of the Federation of Malaya, North Borneo and Sarawak will take such legislative, executive or other action as may be required to implement the assurances, undertakings and recommendations contained in Chapter 3 of, and Annexes A and B to the Report of the Inter-Governmental Committee, signed on 27th February, 1963, in so far as they are not implemented by express provision of the constitution of Malaysia,” stressed Jeffery.

“Obviously, Pandikar is also failing to uphold the Federal Constitution, the highest law of the land, with his outlandish remarks.”

The constitutional provisions for the return of the 40% net revenue derived from Sabah, oil and gas import and excise duties, timber export duties and export duties on crude oil, in lieu of royalties which Sabah is constitutionally entitled to, have been ignored for the past 43 years, added Jeffery.

“They amount to tens of billions of ringgit annually, money which is badly needed to develop Sabah and provide welfare and benefit to Sabahans,” Jeffery explained.

“The Federation of Malaya would not have enjoyed its development if not for this 40% revenue stolen from Sabah since 1974, together with the 95% oil and gas revenues from Sabah and Sarawak since 1976.”

Jeffery also said Pandikar’s comment that the Pan-Borneo Highway is to be built after 54 years in Malaysia smacks of another distorted view.

“It has yet to be built completely and even if it’s fully built, there is nothing to be proud of, given that almost all rural roads in Sabah and Sarawak are mud and gravel roads,” he said.

“Many of the dirt tracks are not even built by the government but by logging contractors going after the rich timber resources.”

Jeffery further said if the constitutional documents are invalid, then as the speaker, Pandikar should move a motion to declare Malaysia invalid and dissolve the federation and send the MPs from Sabah and Sarawak to their home nations.

Jeffrey posed the following questions to Pandikar:

(1) Is he saying the federal government is wrong to set up the cabinet committee, co-chaired by the ministers from Sabah and Sarawak?

(2) Is he saying that the Sarawak government is wrong in claiming for the restoration of their rights promised in the formation of Malaysia?

(3) Is he saying that the Sabah Special Rights and Revenue Committee set up by the Sabah government will lead to nothing and is a waste of time?

(4) Does he know the difference between Sabah’s revenue rights under the Federal Constitution and the allocation of development funds by the federal government?

“As the speaker of Parliament, is he deciding as the head of the house or instructed to disallow parliamentary debate on a review of MA63 and the federal constitution?

“If he thinks that all rights have been implemented, why does he not allow the motion to debate the rights of the Borneo states in Parliament?”

From this perspective, Jeffrey said Pandikar may have quickened the disintegration of the Federation of Malaysia and also invariably contributed to a higher resolve of Sabahans and Sarawakians to unite and seek their rights.

“Perhaps they will wonder if they should remain in Malaysia if their rights continue to be violated and are unfulfilled.” -FMT