Archive for the ‘British North Borneo Chartered Company’ Category


Several unique characteristics go along with the name of Musa Aman. In him, Sabah has had a three-dimensional leader: a statesman par excellence, an astute businessman banker and a thinker with the courage of conviction.

Musa was a successful businessman/banker long before he entered politics but all his life he had strived to make everything he touched more value oriented. He had an inimitable style of winning hearts. He has several friends with views diametrically opposite his, but that has never come between him and them when it comes to frank sharing of ideas and feelings. Rarely does one find a leader with such a fine blend of toughness and tenderness.

Musa has contributed to Sabah polity in multiple ways. He remains the epitome of alternate political thought and functionality. He personifies patriotism. If attributes such as informality in interpersonal relationships, spirit of accommodation, respect for the opposite viewpoint, a complete non-compromising approach towards politics of hate and injustice, etc. are still to be found in present day politics, Musa – among others – deserves credit. His most important contribution is strengthening Sabah democracy. When power politics sounded extremely monopolistic and people wondered if the element of choice had completely vanished from Sabah polity, he didn’t need words to send the message “Boleh Bah Kalau Sabah” to the people with all the strength at his command.

He remains the first genuine leader, the first truly Sabah chief minister who managed to convince Putrajaya to have a Royal Commission of Inquiry on Illegal Immigrants and address Sabah’s Mother of All Problems – “Illegal Immigrants”. He also remains one of the first politician from East Malaysia who is working quietly with the Prime Minister to get an equity in Petronas for Sabah state apart from the oil and gas royalty of five per cent. And for his effort so far Sabah has gotten a 10 per cent stake in Petronas LNG Train 9 Sdn Bhd in Bintulu, Sarawak, which would generate additional revenue to the state and its people. Speaking at the investiture ceremony in conjunction with the 61st birthday of Head of State Tun Juhar recently, Musa Aman said ” Our commitments does not end here. Instead we will continue to double our efforts by working together with the Federal Government to mobilise various programmes to further raise the social status of the people and life quality.”

When Musa took over as chief minister, Sabah was literally on the threshold of the 21st century. And it was a new, young and assertive Sabah with surging aspirations, contrary to the old status quo-ist elements who were in denial. Musa recognised these burgeoning aspirations, and successfully struck a balance without compromising on Sabah’s fundamental values. His regime witnessed the stabilisation of the new economy, and he created an appetite for development-oriented governance.

In ensuring the success and excellence of the public delivery system, Musa pledged to provide good governance. He said, “Our first commitment to the people is to give a stable, honest, transparent and efficient government capable of accomplishing all-round development. For this, the government shall introduce time-bound program of needed administrative reforms, including those for the civil services”. Musa not only strengthened old bridges, he also tried to create new ones to overcome the distances between different social groups, districts and economic strata. His Midas touch impacted every sector of governance. His programmes and policies demonstrated his commitment to a strong and self-reliant Sabah, prepared to meet the challenges of the coming decade.

To make Sabah an economic power in the 21st century, he transformed the economic policy framework. Sectors like public sector enterprises, agricultural produce marketing, small-scale industries, urban land ceilings, highways, rural roads, elementary education, ports, electricity, communal land titles, oil and gas were all subject to far-reaching reforms and raised Sabah’s power graph in Malaysia. Sabah continue to be sought after by foreign investors, especially in the manufacturing sector. Last year Sabah received RM2.4 billion from local investors and RM1 billion was injected by foreign investors. Since the launch of the Sabah Development Corridor (SDC) in 2008 until August 2014, RM135 billion worth of cumulative investments have been planned and committed, out of which, RM45 billion have been realised.

The State Government has even implemented various programmes for the development of the people such as the Prosperous Mini Estates (Mesej), 1Azam, Local Economy Enhancement, Agropolitan Project and Housing Aid Programme as well as the Prosperous Village Programme. These programs aim to transform selected villages holistically by involving three main aspects, namely the development of human capital, economic progress and improvement in the quality of life.

On the forest front, Musa’s commitment to increase the Sabah’s total protected area must be appreciated as his role for making things happen, without whose support, the translation of policies into actions would not have come about. Today Sabah’s Total Protected Areas (TPAs) of 1,553,262 hectares or about 21 per cent of the State’s total land area is arguably the largest in Malaysia. This percentage has exceeded the original IUCN (International Union of The Convention of Nature) target of 10 per cent and even CBD’s (Convention on Biological Diversity) 17 per cent of various types of ecosystems. What is more important is that, TPAs of Sabah cover a wide range of ecosystems including : pristine lowland forests, pristine highland forests, montane forests, freshwater wet lands, mangrove swamps, peat lands, regenerating lowland Dipterocarp forests and Heath (Kerangas) forests, amongst others. Danum Valley, Maliau Basin and Imbak Canyon, have additional buffers for reinforced protection and dedicated wildlife corridors to address connectivity and fragmentation. All these possible because of Musa Aman.

Musa has launched to date many ambitious projects: highways to connect to Sarawak, Kalimantan and Brunei along with other towns like Tenom to Sipitang, and to every kampong by road. These projects also revolutionised the real estate sector, commerce and the rural economy. The improved road connectivity further integrated the state through a network of world-class highways, which puts Sabah on the fast lane to socio-economic development. This is indeed, the highway to prosperity!

Musa as the Sabah Security Chief encompassing governance doctrine is also seen in his strategic vision in regards to Eastern Sabah Security Command (Esscom), a security area that stretches 1,733.7km along the east coast of Sabah, from Kudat to Tawau. Esscom was established on April 1, 2013, following the Sulu intrusion in Tanduo, Lahad Datu. With the setting up of Esscom and its restructuring last July 17, cases of cross border crimes in the Esszone have become less rampant. Efficient and effective mechanisms have been introduced such as curfew, and integrated operations which are ongoing. The establishment of the Esscom, re-evaluation of Sabah’s decades old illegal immigrants problem, economic diplomacy, and engagement with the Manila has re-written Sabah’s strategic governance system.

Under Musa Aman, Sabah has become a powerhouse of growth and had emerged as an important contributor to Malaysia’s development journey. Under his able leadership Sabah became known for its quality infrastructure and excellent financial management. Musa Aman’s governance in Sabah saw a government that listened to the people and one that built its success through equal economic growth in all sectors. Through innovation and emphasis on detail he brought in record investment that benefited people of Sabah and drew people from all over Malaysia to work in Sabah and make a living.



This is a story about how some public listed companies from Peninsular Malaysia have gained ” ownership” of Sabah’s Native Title lands through seemingly legal but downright dishonest means via sublease.

This modus operandi, which started around the 1990s, has been so successful that now the talk of the town is that even China nationals are getting hold of Native Title lands by setting up firms and hiring natives as employees, who hold these assets in trust. The whole idea is to circumvent the law and reap millions from the land after adding value to it by planting oil palm or other crops.

In most cases, the public listed companies do not show any of these landed assets in their annual reports, which are hidden under profits and nominees. The nominees are often workers with little education so they dont know they being used. Many of these lands were acquired after the PBS administration and yet declared under a 90-years lease in many of the public listed companies annual report declarations. One such public listed company is IJM Plantations Berhad. The Securities Commission of the Malaysian Stock Exchange should investigate IJM Plantations Berhad to ascertain whether any deceitful practices have been committed in this regard.

The end result is that many SABAH’s NATIVES will lose their lands as these will be consolidated with others and made to appear that these public listed companies have a large land bank with sub leases of up to 90 years as in the case of IJM Plantation Berhad.

So how did major corporations, companies, foreigners and NON-NATIVES gain control of NATIVE TITLED lands that has now allowed them to gain profits ONLY for themselves whereas poor and mostly, uneducated Natives end up gaining virtually NOTHING?

Let me explain.

There are provisions that generally recognise the Sabah Native Title land rights in the Federal Constitution, the Sabah State Constitution and the Sabah Land Ordinance. Yet native communities are still left out and have become embittered and disappointed because there is inadequate care and concern about respecting the spirit of these laws. And infringements of their rights are continuing. Even the SUHAKAM panel has itself described these land grabs as “injustice that is unrestrained”.

It is understandable why with major corporations like IJM Plantations Berhad, foreigners and Non-natives are dealing in native lands. Firstly, land held under Native Title is free of rent for the first 6 years and thereafter only a nominal rent of 0.50 sen per acre is payable. No premium is payable for Native Titled lands. These together with the perpetual nature of the title (999 years) and exemption of stamp duty on transfers, charges and subleases are the generous terms accorded only to Native Lands .

Hence many public listed companies, foreigners and non-natives have influenced, instructed and used poor natives as tools to orchestrate a devious scheme to circumvent the relevant statutory prohibition against dealings, owning, transferring and charging of the land between native and non-natives and to regularise what is an otherwise illegal transaction. The entire dealings are fraudulent in the way they circumvent the law and abuse the protection afforded to Sabahan Native rights and native titles.

IJM Plantations Berhad is of the notion that these natives, as Registered owner for hundreds of acres are not privy to a “shred of paperwork”. In one particular case, a native Sabahan was employed by IJM Plantations as a driver with a salary of RM2000 a month but in records with the Inland Revenue he earns RM5000 and pays taxes, which he only found out when he went to collect BR1M which he was not eligible for.

So, who declared to the Inland Revenue on his behalf and paid his taxes? He and many other natives are not able to benefit from any legal advice nor will they ever be able to find and to put their names to the ownership of these native lands as they are entrenched in some remote place in the interior. This is a simple case of an abusive employer/employee relationship.

The suppression of documentation, creation of illegal documentation and consequently making of a false declaration is not the result of any innocent error but a vital element in the furtherance of a scam which forms the basis of the contention between these poor Natives and these major corporations, companies and non-natives.

IJM Plantations Berhad entered into a sublease agreement with poor natives (as registered owner) and carried out business through the “Sublease Agreements” whereby the terms and conditions of these Sublease Agreements, inter alia are that:

1) 4(h) Lessee ( being IJM Plantations Berhad) shall be entitled at all times and from time to time to create any charge, mortgage, or any other encumbrance on the said Lands or sell or attempt to sell, rent, or otherwise dispose of the said Lands during the subsistence of this Lease or any or all extensions thereof and The Memorandum of Sub-Lease contains the Power of Sale, Sub-Lease and other Powers of these major corporations, companies and non natives which is equivalent to Owners Rights over the Native Titled lands.

These agreements which were in fact Power of Attorney and thus contravened S17(1) and S64 of the Sabah Land Ordinance should be void, illegal and of no effect. To entrench further its hold on these Native Titles, IJM Plantations Berhad also executed Trust Deed Agreements, specifying clearly who had financed the entire sale and “threatening” these poor natives to toe the line. Some of the terms and conditions of the said Trust Deed Agreement, inter alia, are that:

a) The Trustees have entered into a Sales and Purchase Agreement at the demand of the Beneficiary ie IJM Plantations Berhad, in respect of the said Native Titled Lands on the terms and conditions contained in the said Agreement.

b) The consideration due to the S & P was provided, supplied and financed by IJM Plantations Berhad. (This itself is an illegal act as companies money was used and financed for an illegal act acquiring these NT lands)

c) All rights and interest accruing thereon in trust for IJM Plantations Berhad

d) Assign and transfer the said lands to such person or persons at such time or times and in such manner or otherwise deal with the same as IJM Plantations Berhad shall direct or appoint.

e) Any such assignment, transfer or dealings or if so required to enable the interest of IJM Plantations Bhd to be protected.

In furtherance of such scams, IJM Plantations Berhad conveniently execute “white papers pre signed or pre thumbed” by those poor natives ( also known as MOT in escrow), so they may at any time transfer, sublease, sell or charge these lands without informing them . Native Titled land owners have absolutely no idea how extensive the acreage owned by them are as no disclosure nor information on the titles, sublease payments nor tax returns has ever been disclosed to them.

The modus operandi of these rampant acquisitions of Native Titled lands in the pretext of lease legally obtained by IJM plantations Berhad by using so called “proxies”or “nominees” to purchase the native lands gives the notion that Jabatan Tanah & Ukor Sabah concurs with such illegal arrangements and that such practices have not come under any form of scrutiny from the supposed guardian of the NT lands in many of the interior areas of Sabah. In some cases, the Jabatan Tanah & Ukor Sabah and its PPHT Offices throughout Sabah even deem this manner of arrangement legal and valid and proceed to register these sublease on the titles. This in spite of it being patently clear that they are in defiance of the Sabah Land Ordinance. RM 1 for transfers and subleases in some cases are simply baffling!

These public listed companies, foreigners, and non natives then amass millions of ringgit enterprise by representing ownership through their many illegal agreements while the registered Owners (natives), in line with such nominal ownership, remain poor.

The entire dealings are fraudulent and circumvent the law and abuse the protection afforded to Sabahan natives rights and native titles. The authorities lackadaisical attitude over the fundamental rights of the Natives over their lands can be seen in the fact that there are numerous land cases where the Natives initiatives to have their NT lands officially protected have failed.

Pursuant to the Sabah Land Ordinance, it is normally illegal for any major corporation, foreigner and non native to own Native Titles in Sabah. Based on numerous complaints to the Sabah Courts of Non Natives using Natives nominees to purchase Native lands on their behalf, the Sabah Government and Chief Minister Musa Aman should immediately consider a new law to crack down on the use of Native nominees to purchase Native Titles. Such a new law should provide for punishment for individuals (including lawyers, brokers and agents) offering advice to Non Natives on how to hold NT Titles property by concealing and disguising their transactions. The intended law should also allow the seizure of non-natives land found guilty of holding the Native Title property to transfer the land to another Native or to sell it within 30 days.

There should be a balance between protecting Native interest while still welcoming investment into Sabah.

The growing people’s protest are proof of the intolerable impact of land grabbing on local communities by major corporations, companies, foreigners and non natives.

Native communities are losing control of the land, along with their rights to be consulted and to pursue agrarian reform programs. We must remember that the indigenous people were here first and that means something – socially, economically and legally.

Sabah’s poor natives need help to reclaim what is rightfully theirs. Only the State Government under Chief Minister Musa Aman can do something for a problem that has been running for over two decades.


And so it begins. The very first has just been presented by the new Sabah Government after being re-elected in May 2013, and after hours of back and forth (cursing and paper tearing included), the new budget shows that the Sabah Government is committed to progress and is also as determined to increase the pace of development in the state.

Musa Aman says the bulk of the Sabah budget is earmarked for development. The RM4.622 billion of the Sabah budget for the financial year of 2013-2014 proposed by Chief Minister-cum-State Finance Minister Musa Aman in the state assembly Friday sought to tell the Sabah growth story vis-a-vis Malaysia’s and achieve the five-year dream in the first year itself. The release states “The new budget for 2013-14 would build new confidence among people and showcase state’s potentialities before the world”. “Ensuring Continuity of People’s Well being”, it was announced that new missions and schemes, referring to State Barisan National’s Government is very committed to the development of not only in the urban but also rural areas in Sabah and at the same time ensuring nobody is sidelined in the budget.

A press statement continued by saying that “The State 2014 Budget is higher by nearly 80-fold than Sabah’s first State Budget 50 years ago where the revenue estimate was only RM61.5 million while the expenditure estimate was RM61 million. In 1974, the estimated revenue rose to RM207 million and the estimated expenditure increased to RM239 million. Ten years later in 1984, the estimated revenue reached RM1.22 billion while State revenue rose to RM1.38 billion. 2014, has set the highest ever State revenue target which is RM4.58 billion, marking an increase of 20 per cent from 2013’s original estimate of RM3.83 billion.”

Even as the Federal government earmarks just 35 per cent of the Federal Budget for development work, the Sabah government spends as much as 65 per cent of the state Budget on development work. Talking about Sabah’s contributing a lion’s share in the nation’s development, Musa said, “Although the state government was elected for a five-year term, it resolves to fulfill the people’s aspirations from the very first year itself.”

While Musa’s budget speech said the state economy has grown by leaps and bounds in the past five decades since independence, he added that “I am confident that people from all walks of live regardless of religion, race, gender, rich, poor, old or young, physically challenged, wherever they may be ( whether on land or sea); people’s well-being and States prosperity are our main agendas for us to always strive for, which are certainly achievable.”

So there is the mission for which the government has allocated RM 1.58 billion “for improving infrastructure and public amenities”. This is besides RM627.92 million allocate to upgrade water supply. Musa claims that to achieve zero hardcore poor target and reduce relative poor in Sabah, the government has allocated RM178.14 million to implement various programmes. The reduction of poverty from 19.7% in 2009 to 8.1% in 2012 proved that the governments efforts in this has borne fruits.

The budget, claiming to be for inclusive development, seeks to strike balance for growth in both agricultural and industry, enhance quality of life in rural and urban by focusing on housing and infrastructure. To empower the youths the Y Generation so that they will be more valuable, creative, innovative and productive through education, training, skill programmmes, sports and community activities the budget has set aside RM229.86. The budget also proposes The Enhancement of Knowledgeable Livestock Entrepreneur (K-Entrepreneur) Programme which will be continued.

To spur growth in the State tourism sector, particularly on investment in providing tourism facilities, the State Government has approved the Tourism Master Plan covering the coastal areas of Tuaran to Kota Belud and RM233.99 million has been set aside for next year. The State tourism sector targets 3.4 million tourist arrivals and an estimated tourism receipts of RM6.277 billion although while writing this, a Taiwanese tourist got killed and his wife got kidnapped in Pom Pom Island in Semporna by Abu Sayyaf bandits. Perhaps in this instance, it is best if the state tourism sector uses the money to ensure maximum security before handing out pamphlets about exotic resorts in the East Coast of Sabah.

For a fair and unbiased understanding of the ‘Sabah Story’ we should read it with an open mind and look at the State’s performance against the backdrop of the low socio-economic base from where it started its journey to rapid growth and spectacular development. The ‘Sabah Story’ is a story in the making, much like the Thousand-and-One Arabian Nights, it is not a story that concludes here and today and perhaps never will. Sabah inherited low levels of social indicators (at independence) and it is the change in these indicators where Sabah shows impressive progress. The literacy rate has risen from 22 per cent in 1960 to 69 per cent in 2001 and 80 per cent in 2011. Even the infant mortality rate per thousand has fallen from 144 in 1971 to 60 in 2001 and 21 in 2011.”

Anybody reading the ‘Sabah Story’ with an open mind would see it is a story of immense success that inspires hope and determination to achieve greater success. But an open mind is something that is alien to our liberal media and the intellectually bankrupt commentariat that controls publications which lay greater stress on fiction over fact.


The Third Rail of Malaysian Politics: True Leadership.



Sabah Chief Minister Datuk Seri Musa Aman has denied any involvement in Project IC as alleged by former senator and state assemblyman Dr Chong Eng Leong during the Royal Commission of Inquiry on illegal immigrants in Sabah last week. In fact, Musa was the man responsible for convincing Premier Najib Tun Razak to have the RCI on illegal immigrants in Sabah even though many in UMNO, including Shafie Apdal, were dead against the formation of the RCI.

Anyway, Former Sabah state Attorney-General Datuk Anthony Roderick Fernandez appeared on behalf of Musa at the High Court in Kota Kinabalu today and made a request to the five-men panel for Dr Chong’s official note of proceeding last week.

“My client will decide on his next course of action once he has read the report,” Anthony told the panel, saying Musa might also elect to appear before the RCI panel and give his testimony.

Dr Chong had alleged Musa had led a Sabah Umno task force to find foreigners to register them as party members and to ensure that they voted for Barisan Nasional. He claimed to have received the information from Jabar Khan, who was the secretary of the task force which was formed in 1991.

But, come to Kota Kinabalu, ask anyone in the know, who is Jabar Khan @ Yassir Arafat, we can hear loads about this fellow. Jabar Khan is one unreliable fellow and his credibility stinks.

READ HERE


by Joe Fernandez
Guest Columnist

COMMENTIf the Government in Putrajaya is truly honest with itself, it will confront the fact that there’s very little sympathy in Sabah and Sarawak on the ground for the security forces apparently battling it out in Lahad Datu. It’s 50 years too late. They might as well pack up and go home and instead recall the Sabah Border Scouts and Sarawak Rangers.

At the same time, the continuing statements from one Jamalul Kiram III, the Manila press, the Philippines Government and Nur Misuari of the Moro National Liberation Front (MNLF) on Sabah and Sarawak are being viewed in the right perspective.

Local political parties in Sabah and Sarawak are convinced, like the descendants of the heirs of the defunct Sulu Sultanate and Nur Misuari that the International Court of Justice (ICJ) in The Hague is the best venue to settle rival claims to the two Borneo nations. Already, the State Reform Party (Star) led by Jeffrey Kitingan, has reportedly included the ICJ option in their draft Manifesto for the forthcoming 13th General Election.

The ICJ is also the best venue to address the fact that Singapore was expelled in 1965 from the Federation of Malaysia by unconstitutional, unlawful and illegal means. It’s an open secret that then Malaysian Prime Minister Tunku Abdul Rahman had the doors of Parliament locked until the MPs agreed to the expulsion of the city state from the Federation.

The general consensus across both sides of the Sulu Sea is that the Sabah/Sarawak issue will not go away unless there’s a final resolution one way or another. In the absence of a final resolution, the security of both Sabah and Sarawak will continue to be compromised and thereby affect investor and consumer confidence.  

Singapore Application would be a continuation of Pulau Batu Putih case

If Singapore is featured as well at the same time that the cases of Sabah and Sarawak are considered, it would amount to a revisitation of the Pulau Batu Putih hearings which saw the island of a few rocks being awarded to the city state.

The Singapore Application could be made by the Government of that island or vide a Class Action Suit commenced by concerned citizens seeking closure on an issue which has bedevilled relations on both sides of the causeway since 1965.

The descendants of the nine heirs of the defunct Sulu Sultanate claim that they have private property rights to Sabah or parts of it. They further claim and/or used to claim that sovereignty over Sabah rests with the Philippines Government. This is a grey area since one Sulu Sultan apparently “transferred” his sultanate’s sovereignty over Sabah to the Manila Government by way of a Power of Attorney which has reportedly since expired.

Jamalul Kiram III claims to be Sultan of Sulu.

Sulu claimants, Nur Misuari don’t have a leg to stand on in Sabah, Sarawak

At last count there were some 60 claimants to the Sulu Sultanship, not all being descendants of the nine heirs of the defunct Sulu Sultanate.

The nine Plaintiffs viz. Dayang Dayang Piandao Kiram, Princess Tarhata Kiram, Princess Sakinur Kiram, Sultan Ismael Kiram, Sultan Punjungan Kiram, Sitti Rada Kiram, Sitti Jahara Kiram, Sitti Mariam Kiram and Mora Napsa were recognised by C. F. Mackasie, Chief Judge of Borneo, on 13 Dec, 1939 in response to Civil Suit No. 169/39.

The Judge ruled that the nine heirs, as the beneficiaries under the will of the late Sultan Jamalul Kiram, who died at Jolo on 7 June 1935, are entitled to collect a total of RM 5,300 per annum from Sabah in perpetuity for having foregone in perpetuity the right to collect tolls along the waterways in eastern Sabah. The reference point was the deed of cession made between the Sultan of Sulu and the predecessors of the British North Borneo Chartered Company on Jan 22, 1878, and under a confirmatory deed dated April 22, 1903.

If the descendants of the nine heirs end up at the ICJ in The Hague, there are no prizes for guessing which way the case will go.

The Sulu claimants don’t have a leg to stand on in Sabah.

Nur Misuari ready to do battle with a battery of lawyers

The Sulu Sultans of old were extorting tolls, virtually a criminal activity, from the terrified traffic along the eastern seaboard of Sabah. The Brunei Sultanate meanwhile denies ever handing any part of Sabah, or the right to collect tolls along the waterways, to Sulu.

The British North Borneo Chartered Company had no right whatsoever to enter into negotiations on behalf of the people of Sabah with anyone.

The entire land area of Sabah, by history, Adat and under Native Customary Rights (NCR), belonged to the Orang Asal (Original People) of the Territory.

The sovereignty of Sabah rests with the people of Sabah. This sovereignty was re-affirmed on 31 Aug, 1963 when the state won independence from Britain which had occupied the state after World War II. Therein the matter lies. The sovereignty of Sabah had never been transferred to Brunei, Sulu, the Philippines, Britain or Malaya, masquerading as Malaysia since 16 Sept, 1963.

Likewise, Sarawak’s independence was re-affirmed on 22 July, 1963 when the British left. Sarawak had been an independent country for over 150 years under its own Rajah until World War II intervened and the Japanese occupied the country. The war over, the British coerced the Rajah to hand over his country to the Colonial Office in London because they had plans to form the Federation of Malaysia with Sarawak as one of the constituent elements. British occupation of Sarawak was illegal and an act of piracy.

Nur Misuari claims that Sarawak had belonged to his family, from the time of his great great grandfather. He claims that he has the services of the best lawyers at his disposal to make his case at The Hague.

Cobbold Commission a scam by British and Malayan Governments

The outcome of any hearing at The Hague will be a forgone conclusion: the Sulu and Nur Misuari petitions will be struck out without even a hearing; the Court will rule that the people of Sabah and Sarawak never agreed to be in Malaysia; and Singapore will hear that its expulsion from Malaysia in 1965 was unconstitutional, unlawful and illegal. The people of Sabah and Sarawak must be given the right to intervene in the Applications at the ICJ which will determine their fate. There’s nothing to prevent the people of Sulu and the southern Philippines from throwing in an Application that the Philippines Government has no business to occupy their traditional Muslim homeland.

The people of Singapore decided in a Yes or Note Vote in 1962 to the idea of independence through merger with Malaya via the Federation of Malaysia. The inclusion of Orang Asal-majority Sabah, Sarawak and Brunei was to facilitate the merger between Chinese-majority Singapore and non-Malay majority Malaya.

Brunei stayed out of Malaysia at the 11th hour after an armed rebellion in the Sultanate against the idea of Sabah, Sarawak and Brunei being in Malaysia.

No Referendum was held in Sabah, Sarawak, Brunei and Malaya on Malaysia. The Kelantan Government even took the matter to Court.

A sampling of community leaders conducted by the Cobbold Commission found that only the Suluk and Bajau community leaders, perhaps sensing some personal benefits for themselves as proxies of Muslim-controlled Kuala Lumpur, agreed with the idea of Malaysia.

Revolution another possibility to finish off Sulu, Nur Misuari, Manila

Orang Asal community leaders wanted a period of independence before looking at the idea of Malaysia again. They asked for further and better particulars on Malaysia to be used as the reference point for a future re-visitation of the Malaysia Concept. They were not provided these further and better particulars.

The Chinese community leaders, keeping the eventual fate of the resources and revenues of the country uppermost in mind, totally rejected the idea of Malaysia. They were not wrong. Putrajaya today carts away all the resources and revenues of Sabah and Sarawak to Malaya and very little of it comes back to the two Borneo.

The Cobbold Commission disingenuously declared that two third of the people in Sabah i.e. Suluk/Bajau + Orang Asal supported Malaysia. The Commission made the same declaration in Sarawak where only the Sarawak Malay community leaders supported the idea of Malaysia for self-serving reasons.

When Singapore was expelled from Malaysia, Sabah and Sarawak – the facilitators of the merger between Singapore and Malaya – were not allowed to exit the Federation. This is a crucial point which will feature at the ICJ.

Security became an afterthought. But as the continuing influx of illegal immigrants into Sabah and Sarawak, and the Lahad Datu intrusion, has proven, there has been no security for both Borneo nations in Malaysia. ESSCOM (Eastern Sabah Security Command) and ESSZONE (Eastern Sabah Safety Zone) comes too little too late, after 50 years.

In the unlikely event that the ICJ rules in favour of the heirs of the defunct Sulu Sultanate and Nur Misuari, it would be the sacred duty of Sabahans and Sarawakians to launch a Revolution and decapitate all the claimants to their countries from the Philippines.

This would bury the issue once and for all and shut up the Manila press and the Philippines Government.

Singapore’s re-admission to Malaysia, if it materialises, would not persuade Sabah and Sarawak to join the Federation as well. The people would want Malaya even quicker out Sabah and Sarawak. It would be the end of a long drawn out nightmare.

 

Joe Fernandez is a graduate mature student of law and an educationist, among others, who loves to write especially Submissions for Clients wishing to Act in Person. He feels compelled, as a semi-retired journalist, to put pen to paper — or rather the fingers to the computer keyboard — whenever something doesn’t quite jell with his weltanschauung (worldview). He shuttles between points in the Golden Heart of Borneo formed by the Sabah west coast, Labuan, Brunei, northern Sarawak and the watershed region in Borneo where three nations meet.