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Mazliwati Datuk Abdul Malek Chua today lash out Gapari’s suggestion to commemorate 31st August 1963 as Sabah’s Independence Day as lacking the understanding of the entire Decolonisation Process.
“We are ready for real Independence. Ask any Sabahan, they will tell you the same. However, announcing we are independent without proper procedure will be repeating the same mistake as Sarawak”. Sabah is in the process of decolonisation and certain procedure have to be adhered to for us to be able to complete the process.
“We have been deprived of our real history, so I am not surprised if many are still unaware of this” When Art 1(2) of the Federal Constitution was amended to include Sabah and Sarawak as part of Malaya in 1976, that was a breach to Art 159(4)(bb) which proviso given under Art161E to allow such amendment only if it is to equate or assimilate the position of Sabah Sarawak to the position of Malaya. In this case, Sabah Sarawak would be entitled to independence.
The procedure to rectify this is provided for under paragraph 30(2) of the IGC whereby Sabah should then consented in DUN to rectify and make some Special Constitutional Arrangement to prepare a Federal Bill to be presented to the Parliament for Parliament’s simple majority vote. From there, Sabah and Sarawak will be independent individually or together. We have missed this opportunity.
Despite the fact that Sabah and Sarawak’s status still tied into one of Malaya’s states through Art160(2) interpretation to “The Federation”, this is yet to be tested whether we can invoke Paragraph 30(2) IGC. “I do want to see the DUN contemplating this path towards Independence”.
Another way is by demanding Malaysia Government, who is the Trust Administrator for Sabah and Sarawak, to send Art73e Report under the UN Resolution 1541 (Chapter XI). It is arguable that the ‘Full-Measure Self-Government’ is a dynamic evolution and progress, to which Sabah can be argued as yet to achieve. But let it be a Real Independence and not merely to follow Sarawak, of which, in my opinion is also erred” she said.
“Sarawak does not have real Independence. Sarawak only received so much benefit from the Federal due to strong political standing. It was not due to being ‘independence’. Independence in its truest sense would be having all the power and right Malaya is having, including own Foreign Affairs, Army etcetera” she added. She fears that the decolonisation process will not be able to be completed if Sabah is deluded into believing that they have reached the final destination.
