Posts Tagged ‘Malaya’


As we celebrate the 56th anniversary of our beloved nation, it is time to reflect on the circumstances which led to the formation of Malaysia with Sarawak joining the Malayan states, Sabah and Singapore to give birth to a new federation on Sept 16, 1963.

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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.


This is a nice piece written by a young Sabahan lady – Erna Mahyuni. I like Erna’s writings, she write’s from her heart and its so Sabah, so real. Hear what Erna says, so true ” Sabahans are angry. Some have even taken to calling West Malaysians ‘semenanjing’ (West Malaysian dogs). And can you blame them?”

— Erna Mahyuni
The Malaysian Insider
March 03, 2013

MARCH 3 — Living on a knife’s edge: that was the Sabahan reality for the last two weeks.

While Putrajaya played at diplomacy and our home minister mugged for the cameras, many Sabahans were left angry and confused.

There are intruders on our doorstep! Why are they not being chased out?

Do not believe the rumours, Putrajaya said.

We are hoping for a peaceful resolution, Putrajaya said.

And now, good men are dead.

My mother, ever the optimist says, “Let’s hope it all turns out for the best.”

But I know that right now she is checking that the knives are where she hid them.

Sabahans are not surprised.

Just a few years back, the Population and Housing Census Report for 2010 of the Economic Planning Unit said 27 per cent of Sabah’s population are foreigners.

Nearly a third of Sabah.

70 per cent of of Sabah’s prison population are also foreigners.

It is the reality Sabahans live with. Foreigners are everywhere, with even their own dedicated settlements.

According to Tan Sri Simon Sipaun, formerly of SUHAKAM and currently PROHAM chairman, when Kampung Ice Box in Tawau burnt down 25 years ago, 5000 people lost their homes.

Only 500 were Sabahan.

Everyone’s favourite MP Datuk Bung Mokhtar Radin’s own constituency of Kinabatangan numbered about 85,000 as of June 2005.

Only 25,000 of his constituents were Malaysians.

To say that Sabahans have seen it coming is an understatement. Even now, there are ‘black areas’ in the state capital of Kota Kinabalu that locals will not go. Enter them at night, residents are warned, and you might not see the morning. Not even the police dare.

For years, Sabahan politicians from both Barisan Nasional and the opposition have clamoured for action. Funnily enough, illegal immigrants are one of the few things that has them on the same page.

Because this is our reality: Sabahans have been at the mercy of foreigners for years. Foreigners who have been aided and abetted by Putrajaya.

The RCI findings have proven instead that the sheep have been asking the wolves for protection.

While Filipinos are given ICs and voting rights, many true native Sabahans in rural areas do not have birth certificates or MyKads.

Of course, Sabahans are angry. Some have even taken to calling West Malaysians ‘semenanjing’ (West Malaysian dogs).

And can you blame them?

Can you blame them for being angry at Putrajaya’s failures? For its promises that once it took over the state from the opposition that things would be better? Rosy visions of development and prosperity!

Sabah is still poor. Sabah is still awash in illegals.

And now Sabahans are cowering in their homes, living out the nightmare they knew could be coming.

If only Putrajaya had listened.



Sabah opposition is, for all practical purposes, a collection of four main parties, DAP, PKR, Sabah Star and SAPP including newly formed but not registered Angkatan Perubahan Sabah (APS) headed by Wilfred Bumburing and Pakatan Perubahan Sabah (PPS) headed by Lajim Okin. USNO Baru is also in the fray mobilising support using founder Tun Mustapha’s name, but, its yet to be registered and very unlikely that it ever will.

There is a remark attributed, perhaps apocryphally, to Dr Jeffrey Kitingan to the effect that most Sabah politics is mathematics, a number game. As political analysis goes, this remark proves insightful. Sabah politics is, in this view, not driven by ideology or charisma. It is constituted by the mundane activity of stitching together narrow interest-driven coalitions. And electoral fortunes, for the most part, do not turn on massive changes induced by immense persuasiveness of candidates. They turn on small swings, and contingent management of interests.

But if this political analysis is taken too literally, it can become spectacularly self-defeating. It can make politics a passive waiting game. As opposition parties in Sabah prepare to met and strategise, or assuming they ever will, a plan to commit to  one-to-one fights against the Barisan National in the coming 13th General Elections brews.

Pakatan Rakyat in Sabah headed by Anwar Ibrahim has little presence here but it has done well in other PKR states from 2008. Since the last election, it has not expanded its presence in Sabah although the DAP has its footing in the urban areas.

Lest we forget, elections are ultimately about the ability to project credibility.

On the economy, the Pakatan Rakyat states have done well so far. It has given an alternative to old-fashioned UMNO/BN politics, concocting better versions to solutions. In Parliament sessions it had the rulling coalition on the mat for the many economic mess-ups in the last four years.

The most polished personalities in the Sabah opposition scene, Dr Jeffrey Kitingan and Yong Teck Lee, don’t seem to show that they have what it takes to run the state economy like the way Musa Aman has, but has only seem to be harping on the Sabah Rights vis a vis the Malaysia Agreement 1963. They are also simply waiting for the Barisan National Sabah to make more errors to give them a lift. To make matters worse, internally, the Sabah opposition itself is faced with a series of simultaneous equations it cannot solve. The main one is of course the mistrust between Malaya based Pakatan Rakyat and Borneo based Star Sabah and SAPP.

Most commentators assume that the Sabah opposition’s central dilemma is between Sabah Rights and a more centrist position. But, arguably, this is not its biggest dilemma. It will never be able to persuade die-hard antagonists who think that Sabah joining the Federation in 1963 to form Malaysia is a mistake. Regrettable as it might be, it can probably get away with a game of calculated ambiguity, so long as it is not deeply polarising. Its central dilemma is that Malaya does not understand what federalism means for Sabah politics.

If politics has become genuinely federal, then there are implications for how political parties are organised. In an ideal situation, like what we see now in the Musa Aman Government, state-level leaders and units have to believe that there is a symbiotic relationship between them and the leadership in Putrajaya. Association with the Putrajaya leadership enhances the prospects of local units and that’s why we see so much positivity coming from the Musa Aman government today. But if the Putrajaya leadership does not significantly add to the state units’ prospects, or worse still, becomes a liability ( like during the PBS days) then the central high command has little authority over the state. On the other hand, a party composed entirely of state units can have no coherence at the centre, and cannot project itself as a national party, like in Sarawak. This is the basic structural dilemma faced by the Sabah opposition.

It is, for all practical purposes, a collection of four parties; DAP and PKR, (Malaya based), Sabah Star and SAPP (Borneo based). Except for Jeffrey Kitingan and Yong Teck Lee who can be considered local leaders, PKR and DAP does not have anyone except Anwar Ibrahim who isn’t local himself. So the question of who is going to lead the Sabah opposition becomes an issue. To complicate matters, PKR in Sabah is undergoing a leadership crisis. Anwar and his cronies have meddled and presented Azmin Ali, also an outsider, as a solution to a headless PKR in Sabah. Clearly, the Sabah opposition’s problem is that it has no charismatic local leader of any kind to take reign, althogether failing to see that the the average age of its cadres does not reflect new Sabah.

Since Yong Teck Lee’s myopic misjudgment in Bati Sapi Parliamentary by-elections, the Sabah Opposition has been groping in dark for a leader. There is a great clamour for Lajim Okin now however, even if we grant him administrative acumen (not slot-machine acumen!), his ability to give the Sabah opposition a direction is limited. Despite Lajim giving up his RM30,000 salary as a Federal Deputy Minister and resigning as Umno Supreme Council member, Beaufort Umno Division chief and Beaufort BN chairman, justifying his actions by way of an epiphany (Lajim claims, after 18 years, to have come to a realisation that Umno/BN had not done anything for the welfare of Sabahans) still makes him a polarising figure. Lajim has got too much political baggage. He will have to come up with some spectacularly convincing gesture of contrition to be acceptable to Pakatan Rakyat and Pakatan Rakyat’s potential allies in Sabah. There is also a curious and potentially fatal omission in his strategy to make himself acceptable. Sabahans still see him as  an UMNO member and Lajim has not made any special initiative to campaign in Sabah. If he is a potential chief minister, his energies would have been directed to mass engagement across the state. He remains a question mark in everyone mind.

The only long-term solution for the Sabah opposition front is to have a serious institutional reform on how they are run. But no incumbent leader wants this and there is the paradox that a leader must first acquire authority to do this within current institutional rules. It is said, with some justification, that any party that wins in Sabah will look a bit like the Barisan National. But the real issue is, which Barisan National: the idea or its debased version?

At the moment, the Sabah opposition is looking more like the debased version: it matches the Barisan National’s petty-mindedness with its own display of small egos. We can debate structural issues to death. The Sabah opposition will get a lot of advice from its faithful on what to do. But the harder issue to come to terms with is this: there is a kind of inchoate lack of will that characterises the Sabah opposition parties, it is as if it is not sincere. Much of its leadership is doing what it does, not because it sees a point to it, but because it does not have anything else to do. This is an ultimate kind of nihilism, politics as casual play, increasingly disconnected with everything around it especially the economy. They are unable to show that if they capture the state they could run it prudently and efficiently like how Musa Aman has, a cash reserve of RM3.3 Billion, and a state budget getting bigger and bigger to a tune of RM4 billion a new record, which was never heard of before Musa Aman.


by Joe Fernandez
Guest Columnist
BRIEFLY The consensus at the grassroots level is that the 13th GE won’t see a repeat of the 2008 political tsunami in Peninsular Malaysia despite the alternative media because the vital Hindraf Makkal Sakthi factor, representing the Indian underclass in particular, will be missing this time.

The reasons are aplenty.

Bersih under super duper rich lawyer Ambiga Sreenivasan won’t be able to help Pakatan Rakyat (PR), especially Parti Keadilan Rakyat (PKR), compensate for the absence of Hindraf.

Amibiga is no match whatsoever for Hindraf. She doesn’t represent the Indian underclass. She continues to get the support of the Chinese and Malays, the converted, for PR but the Indians, the crucial factor, is missing. Attacking Ambiga in racist terms is not going to make the Indians come rushing to her defence.

Indraf, the new NGO, is a sick PKR joke just as Malaysian Makkal Sakthi was a desperate Umno joke.

In the same vein, ex-PR propagandist and fugitive blogger Raja Petra Kamaruddin, currently held up by the Barisan Nasional (BN), has been labelled a “political clown” who’s full of himself.

The bottomline is that people did not vote for PR in 2008.

They voted against BN because of the bandwagon effect created by Hindraf Makkal Sakthi in Nov 2007 and mid-Feb 2008 and the alternative media playing it up.

Only the Indians can bring down the BN in Peninsular Malaysia.

If the Indians abstain, PKR will lose and BN will win by default and coupled with Sabah and Sarawak, BN will still form the Federal Government.

If the Indians vote against BN, even support from Sabah and Sarawak will not be enough to help BN to form the Federal Government.

People in Sabah and Sarawak are under the mistaken impression that they can be King Makers.

They are sadly mistaken.

Only the Indians can be King Makers or King Killers.

If Sabah and Sarawak are King Makers and King Killers, BN won’t continue to take them for granted as Fixed Deposit — think illegals — states.

If Sabah and Sarawak want to be a factor in politics in the mainstream, they should join forces with the Indians as a 3rd Force. By themselves, they will be not in the political mainstream, and that’s why Umno continues to ignore them and take them for granted.

PR will never form the Federal Government if they don’t get the Indian community to vote against BN. Note that the Indians voting against BN is not the same as voting for PR. The Indians voted against BN the last time because of Hindraf and not MIC.

By focussing on the Chinese and Malays, Anwar is merely preaching to the converted.

Come the 13th GE, PR will at best hang on to its gains of 2008 in Peninsular Malaysia including Perak.

At worst, PKR will lose all its seats outside Kuala Lumpur and in the five Opposition states of 2008 because of the Indians and maybe even the Malays.

The Chinese will be all out for PR, the Indians for Dap and Pas only.

The Indians will reject PKR as cast in the same mould as Umno and BN.

Where PKR loses, it will be because Indians didn’t vote for them and where BN wins, it will be because the Indians didn’t vote against them (BN). In both cases, the Indians would have abstained from voting.

The Chinese know that PKR is another Umno but think that the solution to that is to increase their numbers in the party.

If the Chinese are willing to do this with PKR, the Indians should adopt the same approach and give it time to get results for themselves. The Indians must remember that they can’t join Umno but PKR is open to them. At one time, Indians reportedly formed 40 per cent of the PKR membership but they left largely because of de facto party chief Anwar Ibrahim’s attitude to Hindraf.

Unfortunately, the Indians can only bring down the ruling party in the immediate future without themselves benefiting from the change. That’s why they left PKR.

It seems that the Indians are condemned to repeatedly bringing down the ruling party until the Chinese and Malays finally get the message that they (Indians) must be given their rightful place in the Malaysian sun or otherwise it will continue to undermine national security and thereby bring down and depress values — shares, property, currency etc — as investor and consumer confidence continues to be lacking.

In Sabah and Sarawak, come the 13th GE, the BN will not be able to repeat its performance of 2008. There will be a mini political tsunami in Sabah and Sarawak as a delayed reaction to the 2008 political tsunami in Peninsular Malaysia.

PKR will be rejected in Sabah. The party, rightly or wrongly, has acquired the stigma of being against the Orang Asal (Natives) and rooting, overtly and covertly, for the illegal immigrants allegedly on the electoral rolls.

Meanwhile, the longer the 13th GE is delayed, the less seats that Dap will win in Sabah.

The 3rd Force, albeit small, will come into being in Sabah if not Sarawak but at the expense of BN and not PR.

PR should work with the 3rd Force. It should not continue to belabour under the mistaken impression that the 3rd Force is its mortal enemy.

This is the same strategic mistake that they, especially PKR, has made with Hindraf Makkal Sakthi.

Again, it’s high time that PR accepted the fact that the people did not vote for them in 2008. They voted against BN and PR won by default.

There’s no place in Sabah and Sarawak for PR and eventually for BN too. It’s better for BN and PR to focus on Peninsular Malaysia and leave Sabah and Sarawak alone.

Sabah and Sarawak are 3rd Force and Hindraf Makkal Sakthi territory.

Sabah and Sarawak, being in the underclass like the Orang Asli and the great majority of the Indians, Christians and other minorities, are crucial to Hindraf’s strategy to cut Umno down to size and prevent PKR from getting too big for its boots.


by Joe Fernandez
Guest Columnist

ANALYSIS Malaysia Agreement or no Malaysia Agreement, Sarawak or Sabah/Labuan for that matter, cannot step outside the bounds with the Federal Government. Putrajaya belongs as much to the two Malaysian states in Borneo as to Peninsular Malaysia.

At a lower level, the Federal Government presides over the individual sultanates, states and territories in Peninsular Malaysia.

Five on-going issues, some simmering for long, have pitted the Sarawak state government in a head-long clash against the Federal Government. It’s anybody’s guess how Putrajaya will bring the recalcitrant Taib Mahmud regime to heel. Surely, the Joseph Pairin Kitingan administration (1985 – 1994) in Sabah is the mother of all precedents!

Now (drumroll) for the latest of the five issues viz. Native status, followed by immigration, heads of federal depts, NCR land and Taib’s long-promised retirement as Chief Minister.

In the latest move, the Sarawak National Registration Department’s (NRD) willful defiance of an 18 Nov 2009 policy circular, [ref: PM( R)11880/A/072/3 Jld 5] by the Chief Secretary to the Government is likely to inflame passions and further infuriate the Chinese and other non-Native communities in Sarawak against the state government.

Not that Taib cares anyway despite the drubbing he received in the urban and Chinese seats during last year’s state elections.

A Sarawakian non-Native married to a Bidayuh lady has come forward to scream in the local media, anonymously, that the Sarawak NRD does not recognise the Chief Secretary’s circular which rules that children born in Sabah and Sarawak of only one non-Native parent can henceforth be registered “by administration” as Natives. The only reason that this is happening is because recruitments for federal departments in Sarawak, unlike in Sabah, are done through the Sarawak Federal Public Services Commission.
The Sarawak NRD, according to Sarawakian, advised him to get confirmation from the Native Court and the Majlis Adat Istiadat Sarawak (MAIS) on his children’s Native status. To add insult to injury, The Sarawak NRD reiterated that it doesn’t recognise the Chief Secretary’s said circular as valid.

MAIS told him point-blank that it interprets Native strictly as a citizen of Malaysia of any race which is now considered to be indigenous to Sarawak as set out in the Schedule under section 3 of the Interpretation Ordinance (1958 Edition), Chapter 1 of the Laws of Sarawak “and any admixture of the above races with each other”.

Obviously, the Sarawak NRD is wrong in law to ignore the said administrative policy circular from the Chief Secretary to the Government. The said circular has never been successfully challenged in Court and therefore, until such time, stands valid in law.

“Law” is not just Adat, the Constitution and Acts/Enactments/Ordinances but also constitutional conventions, administrative policies and even includes what can be deemed as “politically correct”.

That’s how Momogun (non-Natives) in Sabah can apply for Pasok (Native) status provided they are citizens in the state living among the latter community and habitually speaking Native languages and practising Native culture, customs and traditions.

For example, the Queen of England can refuse to appoint a Prime Minister on the grounds that the unwritten constitution and related aspects makes no reference to a Prime Minister.

In reality, the Queen appoints the Prime Minister anyway by convention. Otherwise, she would be precipitating a constitutional crisis.

Likewise, the Sarawak NRD has no business ignoring the said circular by the Chief Secretary to the Government. Wither 1Sarawak, if not 1Malaysia!

Those unhappy with the said circular, and this by the way does not include the Sarawak NRD, should take up the matter in Court by way of a Judicial Review of the administrative policy.
So, the right thing for the Sarawak NRD to do under the circumstances would be to accept the applications from “Sarawakian” and leave it to others with locus standi to challenge the administrative ruling in Court.

Instead, the Sarawak NRD seems to have created its own mini-administrative ruling to oppose the circular.

The Federal Government is also irked by the state government, under Taib’s directive, routinely barring Malaysian citizens from Peninsular Malaysia and Sabah entering Sarawak.

The Special Provisions for East Malaysia, under the Immigration Act 1967, does not bestow the right to bar citizens from Sabah and Sarawak. The provision is only meant to safeguard local jobs from being taken by Peninsular Malaysians.

Likewise, Taib has been misusing the Immigration to deny long-term work permits to Peninsular Malaysians or Sabahans appointed as heads of Federal Departments in Sarawak. These appointees can only secure three-month work permits at a time instead of one for three years.

Will Prime Minister Mohd Najib Abdul Razak blink when push comes to shove on the difficult patches with the state government and, as it is being predicted by the locals, flee with his tail between the legs when Taib says, “boo!”

The talk in Kuching is that Taib has gone back on his public pledge, made during the state elections in Sarawak last year, to resign as Chief Minister not long after the results come in and certainly well before the 13th General Elections. Instead, Taib woke up the 90-year-old Governor and had himself sworn in as the Chief Minister in the dead of night instead of waiting until the next morning.

Taib, when pressed by Najib on the resignation issue, is reported to have retorted in a challenge: “Let’s see who will retire first, whether me or you!”

The Federal Government is also extremely unhappy that the Sarawak state government has virtually ignored several NCR land cases which went against it in Court. Putrajaya released several million ringgit to demarcate Native lands in Sarawak but Taib, being displeased with the funding, has been dragging his foot on the issue. In the lands reluctantly demarcated so far by the state government, only the area immediately surrounding a longhouse is being considered NCR land while communal land further away is being treated as state land.

Najib seems ever mindful that Taib, with at least 25 parliamentary seats behind him, can dictate to him at least for the moment given his stand-off in Peninsular Malaysia with the national opposition alliance Pakatan Rakyat.

It goes without saying that had Taib been a non-Muslim, Najib would have gone after him hammer and tongs as what former Prime Minister Mahathir Mohamad did to Pairin.


by Joe Fernandez
Guest Columnist

COMMENT The on-going probe into a bogus MyKad scam at the Tawau National Registration Department (NRD) has been touted as a timely curtain-raiser to the proposed Royal Commission of Inquiry (RCI) into the illegal immigrant phenomenon in Sabah.

It has been hailed as proof enough that the Federal Government means business on national security.

In fact, it’s nothing of that sort.

The RCI is not about bogus MyKads flooding the state, or the “rampant” issuance of citizenships which has emerged as another red herring, but rather the alleged circumvention of the Federal Constitution article on citizenship by operation of law.

The Federal Government cannot be “faulted” for issuing citizenship – naturalization — through the normal process to foreigners in Sabah.
However, it can be faulted if it wants such people to be treated as Sabahans.

The correct procedure would be for Putrajaya to issue citizenships to permanent residents in Sabah only upon recommendation by the Sabah state government.

The Federal Government cannot take the initiative on this unless it wants to treat such foreigners as Peninsular Malaysians in which case those affected would not have Sabah permanent residence status. They will then be subject to the normal visa and work permit regulations to safeguard local jobs.

The Federal Government cannot issue Special Passes, temporary residence permits (green cards), permanent residence status (red cards) or citizenships to foreigners in Sabah without the prior written recommendation and consent of the state government, which must be the initiating party, on a case-by-case basis.

There’s no evidence that the Federal Government indeed received any such prior recommendation and consent of the state government. In any case, the politics will not allow it.

If the Federal Government receives applications directly from foreigners in Sabah for Special Passes, green and red cards or citizenships, it’s duty-bound to advise the applicants to go through the state government and not go off at a tangent and act unilaterally.

In Sabah, much of the rot allegedly stems from the fact that many people are “twice-born”, once in their home countries and the second time in Sabah.

Their “second birth” is recorded in a late registration birth certificate by way of a Statutory Declaration (SD) wherein the applicant falsely and fraudulently claims to have been born in Sabah.

By this seeming laxity on the part of the NRD and the Court, the imposters avoid having to apply for citizenship. How can the NRD accept the contents of a SD as the Gospel truth when it’s nothing but wholesale perjury i.e. lying under oath?

A simple NRD checklist can easily weed out the fraudsters: ancestral kampung? The name of the kampung head and names of those in the Village Security and Development Committee? Names of family members and close relatives? Photographic evidence? Schools attended?

This was not done.

This is an open secret in Sabah and as evident in cases which have been heard or more accurately part-heard in Court.

It’s a mystery how the “twice-born” could have obtained their MyKads without being sponsored by their parents. All applicants for MyKads meant for Malaysians would have to produce their parents MyKads and birth certificates.

To cut a long story short, and before the RCI begins, the Government should offer a general amnesty to all those who illegally and fraudulently obtained Malaysian personal documents in Sabah.

The errant parties should be willing to come forward and remove their names as well from the electoral rolls and surrender their documents in return for Special Passes — valid for six months at a time and renewable indefinitely for a maximum of 18 months during which time they must return to their home countries and may re-enter, if they wish, but legally after a blacklisting period of five years.

If they entered Sabah by the backdoor, they must be encouraged to return the same way to avoid the risk of complications like statelessness. Those who entered legally and overstayed should also return home by the backdoor.

Those who can’t return for any reason should be on Special Passes for Life, their children should only be entitled to temporary residence permits for life, their grandchildren should only be entitled to permanent residence for life, and only their great grandchildren should be eligible to apply for naturalization but in Peninsular Malaysia.

The general amnesty should also be extended to those who issued such documents and voluntarily come forward.

Those who issued such documents should voluntarily surrender their citizenship status in return for permanent residence status for life.

Their “crime” should affect the status of their children and grandchildren as the case may be.

A fine of at least RM 500 should be imposed on foreigners and RM 5, 000 on Malaysians involved in the fraudulent issuance of Malaysian personal documents and the monies collected should go to the Sabah state government.

The precedent for the general amnesty, partly, should be a similar offer in Peninsular Malaysia in 1965. A fine of RM 300 each was imposed.

If one obtains a Malaysian personal document to which one is not eligible or not entitled to obtain under the law and Constitution, the said document would be a nullity in law from the very beginning. In law, it’s as if the said document was never issued.

No passage of time, even over generations, will whitewash an illegality and make it legal.

The onus is on the perpetrator to come forward and face the system without waiting for the long arm of the law to catch up with him or her sooner or later. Perpetrators should not hope for the declaration of a general amnesty which may or may not materialize.

The long arm of the law can catch up with any perpetrator by way of a Judicial Review by any citizen to revoke the “citizenship” of anyone not entitled to hold it or not eligible to obtain such a document. In such a situation, the perpetrator is faced with all sorts of eventualities including being blackmailed for life by any applicant seeking a Judicial Review or ending up in a legal twilight zone as a stateless person.

The main focus of the RCI should be on late registration birth certificates obtained by Statutory Declaration, the “Malay” category in the Sabah statistics on demography and the number of people which the Philippines, Indonesian and other governments refused to take back on the grounds of statelessness.

The RCI should also probe the number of stateless people and temporary residents in Sabah, the NRD, Immigration Dept, police, Court and Election Commission procedures to deal with illegals and foreigners.

The RCI should also probe the extent of political interference in dealing with the illegal immigrant phenomenon in Sabah.


by Joe Fernandez
Guest Columnist

COMMENT It appears that ties between the Sabah chapter of the Borneo-based State Reform Party (Star) and the Sabah Progressive Party (Sapp) could be “much better” if not for the latter’s insistence on contesting in 40 state seats and almost a third, about five to seven, of the parliamentary seats in Sabah. The party reiterated this stand at its meet on Sun in Kota Kinabalu.

Before the 40/5-7 Sun announcement by Sapp, Star had been publicly toying with the “goodwill gesture” of conceding two state seats — Likas and Luyang — and one (Tawau) of the two parliamentary seats it (Sapp) won in 2008 as a member of the ruling BN. Star itself had announced in mid-April that it would go for all 60 state seats at stake in Sabah and 26 parliamentary seats including Labuan.

Star chairman Jeffrey Kitingan then explained it as his party’s Plan Z after Sapp held secret seat-sharing talks with de facto Parti Keadilan Rakyat (PKR) Chief Anwar Ibrahim in Kota Kinabalu. Anwar claimed that he was negotiating on behalf of PR but this was quickly denied by Sabah Dap which wants Star brought into the equation as well. Anwar’s excuse for leaving out Star is that “it’s a new party in Sabah”.

Another major policy difference, reiterated by Sapp President Yong Teck Lee at the Sun meet, is that Sapp, unlike Star, does not want to be the king maker. He would be quite happy with just “killing the King” (Umno) so that “Anwar Ibrahim can be King”.

Yong condescendingly attributes Star’s stand to the 16-year-old party being new in Sabah and “still feeling its way” and this has outraged Star which is taking Sapp’s sanctimonious pontifications on “king killing” as a ploy and with more than a pinch of salt.

Jeffrey, given a history of bitter animosity with the allegedly anti-Christian Anwar, is not happy with the idea of him being “King” as it contradicts his party’s grand “vision of working towards helping empower the people of Sabah and Sarawak to wean them away from the dependency syndrome foisted on them by the BN to hold them to ransom in a climate of fear”.

His party, or at least the young Turks, is pushing for either Lim Guan Eng or Wan Azizah on the Pakatan Rakyat (PR) side vs Tengku Razaleigh on the Barisan Nasional (BN) side. Star disagrees with the Pas notion that the Prime Minister must always be a Muslim from one of the Malay-speaking communities in Peninsular Malaysia who originated from the Archipelago.

Under Star’s kingmaker policy, it’s a toss between PR and BN but with the right Prime Minister-designate, “and the one favoured most would be the one – not party — who would least disrupt the economy”.

Star feels that Anwar, being a noted rabble-rouser all his life, would be a disruptive element in the economic management of the country. They are not impressed with his pledge to virtually “steal less oil and gas” than BN from Sabah and Sarawak given that the Petroleum Development Act has been found by legal experts to be unconstitutional and the oil agreement null and void.

The bottomline is that Star does not want Sabah and Sarawak in the post-13th GE period to go from the frying pan (BN) into the fire (PR), or at best, from the fire (BN) into the frying pan (PR).

The political fallout from Sapp’s insistence on “killing the King” and contesting 40 state seats has surprisingly taken a personal turn and is increasingly souring ties between the two parties.

Sapp activists are claiming during their ceramah that “Star is a useless reject from Sarawak where it failed to make any headway for 16 years, that its agenda is simply a cut-and-paste of Sapp’s original ideas, that it has been planted by BN to split the opposition votes and that Jeffrey himself received RM 50 million from a veteran BN leader in South Africa recently”.

Jeffrey’s international passport, a senior Star leader confided, does not show any trip to South Africa.

He dismissed the other allegations by Sapp as “a pack of lies which only this party of samsengs is capable of cooking up”.

“Samseng” is an image that Sapp finds particularly difficult to shake given the Dap constantly harping on this hypersensitive theme. This has made the soft-spoken Jeffrey more than a little wary of being publicly seen as being too close with Sapp, Yong in particular.

Sapp, in any case, seems bent on demolishing Star’s attempt to stake a claim to all seats at stake under Kingmaker Jeffrey’s Plan Z despite a caveat in some quarters.

In a sign of light at the end of the tunnel, some Sapp leaders are willing to accept just what Star can offer it and go along with Jeffrey’s king maker idea. However, they are coming under intense pressure from hawkish elements in the party who are reportedly linked with political party financers and moneybags working across the political divide and known hoodlums from Sarawak, all Foochows, controlling the Sabah underworld.

The young Turks in Star who originally came up with the party’s 60/26 plan, initially denied by Jeffrey “to please Sapp” and subsequently endorsed after Anwar, think that “Sapp will continue with its annoying mosquito ways despite staying in a glass house”.

They may hit back by probing the known skeletons in Sapp’s cupboard and, where possible, dredge up new information.

One of the skeletons is Jeffrey’s incarceration under the draconian Internal Security Act (ISA) for two two-year terms for activities undertaken by Sapp leaders when they were with the Parti Bersatu Sabah (PBS).

They are puzzled that Jeffrey can be so “forgiving”.

It was Yong, they swear, who prevailed upon PBS President Joseph Pairin Kitingan to pull out his party on the eve of General Election in 1990. Yong was then a PBS Deputy President. Yong did not work alone. He earlier sought the support of PBS Deputy President Bernard Giluk Dompok – now Upko President – after being first rebuffed by Jeffrey who feared being blamed by then Prime Minister Mahathir Mohamad.

The young Turks confide that Star has two options “to put Sapp and PKR as well in their place in Sabah” in the run-up to the forthcoming 13th General Election.

The first was to demolish “the lies being spread by Sapp activists” and the second was to emphasize that “there’s no basis for comparison between Sapp and Star”.

“It was Sapp who ganged up with Umno to overthrow the PBS Government in 1994 through defections,” said a young Turk who remains incognito. “The Natives are mad to this day with Sapp for overthrowing the government of their Huguan Siou (paramount chief) Pairin.”

According to her, this is the most telling point among the Dusuns and Muruts in particular against Sapp; followed by the sneaking suspicion flogged by Dap that Sapp will “frog back into BN after the 13th GE to play the kingmaker role there”.

Elsewhere, Sapp’s track record when Yong was Chief Minister will come under growing scrutiny.

Topping the list is Yong’s allegedly lackluster record in office as Chief Minister; followed by the Likas election petition during which the Court discovered that the electoral rolls had been padded with illegal immigrants and, as a result, over-turned the election result; Yong’s disqualification from contesting for five years; Yong’s inability to explain the crippling losses suffered by state-sponsored Saham Amanah Sabah (SAS) holders who at one time saw the value of their holdings drop to ten sen per unit; and the marginalisation and disenfranchisement of thousands of forest fringe-dwelling Natives left virtually internally-displaced by the Sapp Government approving 100-year leases for so-called Forest Management Units (FMU).

Star, of all the parties in Sabah and Sarawak, fights a lonely battle on internal colonisation, self-determination, the Petroleum Development Act being unconstitutional, and the Federal Government’s non-compliance on the four constitutional documents and/or conventions which formed the basis for Sabah and Sarawak in Malaysia viz. the 1963 Malaysia Agreement; the 20/18 Points; the Inter Governmental Committee Report; and the Cobbold Commission Report.

It also has reportedly a different and comprehensive take on the proposed Royal Commission of Inquiry (RCI) on illegal immigrants. The party’s stand will be unveiled in the security aspects of its Manifesto which is “work in progress”.

Therein lies the difference.


by Joe Fernandez
Guest Columnist

COMMENT Pas President Hadi Awang should not have said that only a “Malay” Muslim — probably “determined” by a DNA test a la Pas — will be Prime Minister if and when Pakatan Rakyat (PR) seizes the reins of power in Putrajaya and initiates, forms and leads the Federal Government.

Is he implying that a “Malay” Muslim is not the Prime Minister now and that “Malay” Muslims have never held the post?

What he said is not unlawful in a Court of Law.

However, it’s unconstitutional to say such things and therefore not lawful, and certainly inconsiderate and hurtful of the feelings of the non-“Malays” including Muslims.

Besides, it’s not the done thing to say such things and further alienate, for one, the good people on the other side of the South China Sea who are neither “Malays”, despite speaking Malay, nor for the most part Muslims. Why should Sabah and Sarawak be in Malaysia if they are denied the Prime Minister’s post.

Already, “Malaysians” in Borneo are saying things like that they are not really in Malaysia and claiming that they still retain the self-determination they obtained on 31 Aug 1963 (Sabah) and 22 July 1963 (Sarawak).

They are screaming internal colonisation — caught between the evil extremes of ketuanan Melayu and grinding poverty — and are demanding that the United Nations Security Council step in on Putrajaya’s non-compliance on the four constitutional documents and/or conventions which formed the basis on which they were “persuaded” by the Malayans and British to help form and participate in the Federation of Malaysia viz. the 1963 Malaysia Agreement (MA63); the 20/18 Points (20/18 P); the Inter Governmental Committee Report (IGCR); and the Cobbold Commission Report (CCR).

Perhaps Hadi wants to discontinue the peculiar situation where the Prime Ministers so far have not been “Malay” in his mould and at the same time rule out the possibility of Lim Guan Eng, or “even worse” notorious Islam-baiter Karpal Singh — “an Islamic state over my dead body” — being Prime Minister.

LGE was silly enough to say that the Constitution was “silent” on who could be Prime Minister and thereby kill his chances at the top job.

Does he want to be confined to Penang for the rest of his political life? Doesn’t he want to continue from where Lee Kuan Yew left off after Singapore was kicked out from Malaysia? He should not fear that Penang, like Singapore, will be kicked out as well to thwart his known Prime Ministerial ambitions.

No one can play the same trick thrice.

The first was when West Punjab, Sindh, Baluchistan, the North West Frontier Province and East Bengal were kicked out from India through partition to prevent Mohd Ali Jinnah becoming the first Prime Minister after independence in 1947.That’s how Jawaharlal Nehru became Prime Minister and went on to build a political dynasty which is still around.

Jinnah died of TB less than a year after Pakistan was created.

Nehru could have waited but he simply couldn’t just like Lee Kuan Yew who was in too much of a hurry. Lee regrets to this day, like Anwar Ibrahim not so long ago, and like the latter keeps kicking himself every day and crying himself to sleep on having lost the chance to be Prime Minister of Malaysia. Lee even promised Donald Stephens of Sabah that he would be Deputy Prime Minister when he became Prime Minister. It seems it was the Tunku’s idea. So, Stephens dropped his opposition to Malaysia.

The Constitution is anything but silent on the issue of the Prime Minister’s post.

LGE should read the Constitution, like a Bible, briefly five times daily if he wants to convince himself that he’s qualified to be Prime Minister. Penang should not be in Malaysia if its Chief Minister is disqualified from gunning for the top political job in the country on the dubious grounds of race and religion. If LGE can’t be Prime Minister of Malaysia, even though qualified and eligible, should he “go back” to China to be one?

Why didn’t Hadi give the name of the person who will be his candidate for the PM’s post?

Is Anwar Ibrahim finally out of the picture at PR because he’s not really “Malay” at all given his Tamil Hindu grandfather?

That means Anwar will have to “go back” to Tamil Nadu to be Chief Minister and from there wrest the job of Prime Minister of India away from Manmohan Singh. Probably, he will have some competition here from Karpal Singh. In India, one will not be denied the Prime Minister’s job on the grounds of being from a minority. Jinnah was just unfortunate to run into Nehru.

Again, why “Malay” Muslim?

Are there “Malays” in Malaysia who are not Muslim?

Is this also a broader Hadi reference and “safeguard” against the non-Muslims in Umno’s “Rumpun Melayu” (Malay Group) theory under which every Tom, Dick and Harry — from Bugis and Suluk to Dusun, Dayak to Acehnese — on the islands of south east Asia is “Malay”, becoming Prime Minister? Where does the Orang Asli fit in?

Why didn’t Hadi just say “Malay”?

Is the term “Malay” Muslim being used to rule out Muslims like Mahathir Mohamad who came from Kerala, southwest India and denied Tengku Razaleigh, a “Malay” in Hadi’s mould, the Prime Minister’s job not once but twice.

Mahathir went on to become the 4th Prime Minister of Malaysia by default and, by sheer cunning, still managed to cling onto the post even after it was discovered in Court by a “Malay” Judge from Kerala that he actually lost the 1987 Umno presidential elections but sneaked in votes from 30 illegal branches to “win” by 43 votes. The Judge, a Malayalee backing another Malayalee, refused to discount the illegal votes and award Razaleigh the Umno presidency.

Hadi’s statement means that Tunku Abdul Rahman, whose mother was Thai and from across the border, was not “Malay”.

Also, Tun Abdul Razak (Bugis); Hussein Onn (more Turk than anything else); Abdullah Ahmad Badawi (Chinese on one side and Arab on the other side); and Najib (Razak’s son) were all not “Malays” in Hadi’s mould, even though Malay-speaking, and therefore cannot be forgiven.

Who are these “Malays” which Hadi keeps referring to? Will the term under PR exclude people who are not “Malay” like the Bugis, Javanese — think Khir Toyo — Minang, Acehnese etc but use Malay as their lingua franca and are considered “Malay” by Umno which is also infested with Indian Muslims?

Why not say Muslim since Hadi said they — obviously including the “secret Malay Christians” — form the single biggest group in Malaysia?

Why are the Orang Asli, Dusuns, Muruts and Dayaks — the real Natives of Malaysia — being denied a shot at the PM’s post under the Hadi formula by the emphasis on the candidate being Muslim?

Jeffrey Kitingan — “why can’t a Sabahan be Prime Minister?” — must be crying himself to sleep every night in the cold of Tambunan in the high country over Hadi’s statement. It’s an open secret in Sabah that Jeffrey wants to be Prime Minister when a hung Parliament materialises as he expects after the 13th General Election and the 3rd Force comes marching in.

In London, Kelantan-born Hindraf Makkal Sakthi supremo P. Waythamoorthy must be fuming mad with Hadi. He must be planning to go to Court to get the Pas President legally certified as insane.

It’s the King who decides who will be PM — unless Nik Aziz by some miracle becomes King — and he will have to pick a person wiho is likely to command the confidence of the majority of the members in the Dewan Rakyat.

That person must of course be a Malaysian citizen who is not bankrupt or has not been certified legally insane by a Court of Law.

Preferably, the Prime Minister-designate should not — “this is not in the Constitution” — be suspected of having skeletons in the cupboard like being on the take, being on crack, hitting the bottle every night, having blood on the hands, sleeping around, being chased by a C4 ghost every night or cannot avoid creating situations in Court casting doubt on his sense of moral values.

Since Hadi mentioned “Malay” Muslim, let’s consider Native status in Malaysia lest he’s under some delusion that his “Malay” Muslims are Natives.

The Principle of Law in determining Native status is that Natives are the 1st people in a defined geopraphical area, we don’t know where they came from, & this is the only place where they can be found.

Of course, it’s not really necessary to have all the criteria as in the case of the Native Indians — we know where they came from — in America.

The 1st criteria would suffice and is a pre-requisite.

So, that’s why the Federal Contitution does not state that the Malay-speaking communities in Peninsular Malaysia — they are actually Bugis, Javanese, Minang, Acehnese and the like — are Natives.

So, the Thai in Tunku Abdul Rahman coined the term Bumiputera (sons of the soil) as an umbrella term to include the Malay-speaking communities along with the true Natives viz. the Orang Asli, Dusuns, Muruts & Dayaks.

The Constitution, reflecting Umno’s philosophy, defines all “Malays” as Muslims but that does not mean all Muslims are “Malays”.

There’s no Principle of Law on all Muslims being “Malays.”

So, Indian Muslims like Mahathir for example are wrong when they claim to be “Malays”, & by extension, Bumiputera.

Example: if all Pakistanis are stupid, does it mean that all stupid people are Pakistanis?

Similarly, it cannot be said that all Muslims are “Malays”, & by extension, Bumiputera.

Since the Malay-speaking communities are not the Natives of Peninsular M’sia, they cannot come under the umbrella term Bumiputera either and should not claim to have a divine monopoly on the Prime Minister’s post.

The Malay-speaking communities, whether Muslim or otherwise, should not deny others especially the Natives, the Prime Minister’s post.

There is a Malay language, which historically began as a dialect in Cambodia, and was developed by the Hindus and Buddhists to emerge as the lingua franca of the Archipelago for missionary work and religion, education, trade and administration. That’s how the Malay language became the basis for the development of a national language in Malaysia, Singapore, Brunei and Indonesia with the departure of the colonialists.

The “Malay” in the Malay Archipelago refers to the language and not any race.

There is no such thing as a “Malay” race despite what Hadi thinks or a “Malay” Group (Rumpun Melayu) as Umno likes to claim. Indonesia — Indos Nesos or Indian Islands in Greek — would never agree with the Rumpun “Melayu” theory.

“Malay” Nationalism is a concept created in Singapore by Muslims from Kerala to rally support against Chinese economic domination. The Origin of Malay Nationalism by Professor William Roff refers.

DNA studies show that all the people of southeast Asia are from a common stock.

They are descended from the Dravidians — archaic (old) Caucasoids — who made their way from south India, along the coast, to south China and Taiwan and mated with the Mongolian tribes living there.

We should cross the bridge on the Prime Minister’s post rather than delude ourself into wishful thinking, living on hope and fairy tales to convince the King in defiance of the Federal Constitution.


KOTA KINABALU: The manifesto revealed by the Sabah Progressive Party (Sapp) on Sun in the Sabah capital, to cite an example, leaves a lot to be desired since its conveys the impression that “the party leaders continue to be in a state of denial and are sitting on another planet and making plans for the state”.

This is the dismissive note, albeit reluctantly, from the State Reform Party (Star) on the Sapp Manifesto unveiled amidst much fanfare. The party hopes that others in the opposition will take heed of the lessons and do a better job on their respective manifestos “while Sapp goes back to the drawing board”.

If Sapp leaders deny that they are sitting on another planet, read a press statement from Star, then they certainly are like the proverbial three monkeys i.e. see no evil, hear no evil; and speak no evil and/or alternatively have buried their heads in the sand like the ostrich.

“Opposition parties in Sabah including the parti parti Malaya should not hope to emulate the evil being perpetrated by the ruling Barisan Nasional (BN) when announcing their respective party manifestos,” said Star vice chairman Dr Felix Chong who until recently was with the Democratic Action Party (Dap). “Enough is enough. Let’s not play the game by the rules that the BN has drawn up.”

Chong was making comparisons between the Sapp Manifesto and the guiding principles driving the proposed Star Manifesto “which will be unveiled at an appropriate time”.

For starters, said Chong, he doesn’t know what is the vision and mission driving the Sapp Manifesto and this is evident in the absence of macro elements despite paying lip service, in passing, to autonomy and the one country, two systems approach.

In contrast, he added, Star has already mapped out its vision, mission, objectives, goals and activities (vimoga) “and all these will be reflected in the content of the party manifesto”. In addition, the Star manifesto will take due recognition of the vimoga of the Borneo Agenda driven-United Borneo Alliance (UBA) of which Star is the founding member and lead partner.

Asked what the fundamental flaw was, if any, in the Sapp Manifesto, Chong said it was “an inability to see the forest for the trees’ and “this is evident in the over-emphasis on micro aspects”.

“It would seem that Sapp leaders, in drawing up their Manifesto, are counting their chickens before they are hatched in putting the cart before the horse,” said Chong. “The Sapp Manifesto was dead even before it hit the water because it’s littered with useless and undemocratic ideas like the anti-hop law which is a non-starter.”

Holding out an olive branch, Chong suggested that all opposition parties in Sabah and Sarawak “including the unwelcome parti parti Malaya” get together and thrash out the macro aspects which should resonate through their respective manifestos and drive it together with their individual vimoga.

Chong said that there must be a consensus among opposition parties in the two Borneo states on three key drivers:

(1) remove the element of fear from politics – “reflected in the dependency syndrome” — and crush it by building strength through unity of the political parties and the people;
(2) take a pledge that Putrajaya should reverse the internal colonization policies in Sabah and Sarawak which, admittedly, “are being facilitated by local traitors who are willing to be proxies and stooges of the ruling party”;
(3) regain/restore the self-determination status of 31 Aug 1963 for Sabah and 22 July 1963 for Sarawak which (the status) became dormant on 16 Sept 1963 after both states were misled by the “cunning” Malayans and “re-colonizing” British into agreeing to help form and participate in the Federation of Malaysia, a bad idea from London.

“These three aspects are absolutely crucial and in fact must drive all local parties – “including the parti parti Malaya since they have local members” — in Sabah and Sarawak across both sides of the political divide,” said Chong. “Hopefully, the parti parti Malaya in Sabah and Sarawak are not here to emulate the self-serving and evil politics of the proxies and stooges of the ruling Federal party.”

Elaborating on the self-determination theme, Chong acknowledged that it could be left on the back-burner “until 2020” if Putrajaya complied with the four constitutional documents and/or conventions which formed the basis for Sabah and Sarawak’s participation in Malaysia viz. the 1963 Malaysia Agreement (MA63); the 20/18 Points (20/18 P); the Inter Governmental Committee Report (IGCR); and the Cobbold omission report (CCR).

“It’s the non-compliance which eventually led to the internal colonization policies being pursued by Putrajaya in Sabah and Sarawak,” said Chong. “The internal colonization can be seen in a host of issues ranged between the ketuanan Melayu concept on one hand and the grinding poverty of our two states on the other hand.”

The Star vice chairman denied that his party and the UBA were biting off more than what they can chew. In a rebuttal, he pointed out that “the purpose of politics was to re-distribute political power and re-distribute resources”.

“If we are going to achieve these twin objectives of politics – power and resources – we need to get our politics and relationships right and not continue be caught in a slave mindset,” said Chong. “Otherwise, we have no business being in politics.”

Asked about the 17 Points in the Sapp Manifesto, Chong said that first things must be done first and, in other things, “we can cross the bridge when we come to it”.

He recalled that Umno, together with the Sapp breakaway from the Parti Bersatu Sabah (PBS), promised a “Sabah Baru within 100 days” back in 1994, and the people were still waiting for it to materialize 18 years later. So, Sapp has a “credibility issue” on its 17 Points, he added.

“The failure of Sabah Baru to materialize eventually forced the United Sabah National Organisation members in Umno to leave the party and they have joined us in UBA,” said Chong. “They will contest under the Star symbol pending the re-registration of their party.”

Daniel John Jambun
Deputy Chairman, State Reform Party (Star)
Contact No: 012-834 0972

Mon 4 June, 2012