“Let Sabah Sarawak Free If MA63 Not Legally Binding - Dr. Jeffrey”

“Let Sabah Sarawak Free If MA63 Not Legally Binding - Dr. Jeffrey”

Kota Kinabalu:     “Harris Salleh ought to have set Sabah free from Malaysia in 1976 when he was chief minister if the Malaysia Agreement was not legally binding.  The Federation of Malaysia would then be unlawfully constituted.  Instead, during his tenure, Sabah was downgraded to be the 12th State of Malaya”.

“Even the TYT Yang DiPertua Negara now suffers the ignominy of being called Yang DiPertua Negeri since 27 August 1976.  Even the first three TYTs who were constitutionally appointed as Yang DiPertua Negara are now referred even in the Sabah Archives as Yang DiPertua Negeri when it was Yang DiPertua Negara during their respective tenures” said Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief cum Bingkor Assemblyman, in response to Harris’ opinion that MA63 is not legally binding.

If Malaysia is not legal, Harris owes the people of Sabah a belated explanation why he signed the Petroleum Surrender Agreement on 14 June 1976.  It was a mere 8 days from the Double Six tragedy while the State was still in mourning.   The signing of the oil agreement which dealt with an invaluable asset of Sabah was not even endorsed by the Sabah Legislative Assembly.

In the agreement, Harris accepted on behalf of the Sabah government 5% cash payment for all the oil and gas in Sabah that was vested in Petronas by Tun Razak.  He further agreed to waive the collection of oil royalties and tribute that would have been payable by Petronas under Section 24 of the Land Ordinance, Sabah Cap. 68.

By the stroke of a pen, the foundation was laid for Sabah to become the poorest State in the nation and which was infamously achieved in 2010, 34 years after 1976.

For the history and record buffs, after the 1976 oil agreement was signed, Petronas received a whopping RM380 million for 1976 while Sabah received RM20 million.  The Berjaya government under Harris trumpeted the RM 20 million as a big revenue which was not disclosed in the 1976 Budget tabled by Tun Mustapha’s USNO government in December 1975.   

Of course, it was not tabled because Tun Mustapha refused to ratify the signing away of Sabah’s oil and gas to only receive 5% revenues in return.

Now that Harris has openly acknowledged that the Malaysia Agreement and the other constitutional documents are not legally binding, there is only one recourse for him to atone for his past actions while he is still able to.

He should inform in no uncertain terms to PM Najib and CM Musa to take immediate action to dissolve the Malaysian federation and let Malaya, Sabah and Sarawak to go their separate ways. 

On a similar footing, the federalization of Labuan island to be a federal territory of Malaysia is not legal and ought to be returned to Sabah.

Perhaps, his grandchildren will in 34 years see the benefit of his action to help dissolve Malaysia and see Sabah rise from being the poorest in the same span of time to be in the company of Singapore, Brunei and Dubai, as one of the richest nations in the world.

Then not only will Sabah import belacan from Brunei without referring to MA63 or the 20-Points, it will be free of import duties and GST-free as Sabah will be in control of its own revenues and tariffs and with its own oil revenues 100%, there would be no need for import duties and GST to be imposed.

Datuk Dr. Jeffrey Kitingan

Chairman

STAR Sabah

27 September 2015