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Will Harapan repeal Act A354 Sec. 2 of constitution?

LETTER | As mentioned in the Pakatan Harapan pledge, they said they would establish a special cabinet committee to immediately implement MA63, the treaty which brought Malaysia into being in 1963, and as a Sarawakian, I feel the need to remind the current federal government not to overlook this pledge.

So how can the Harapan federal government initiate the move to implement MA63? I dare to say the best way is not to set up a special cabinet committee. No more discussion or negotiation or review. Simply start by the most rational initiative - previously impossible due to the BN supremacy – repeal Act A354 Section 2 passed by the Malaysian Parliament in 1976.

What is Act A354 Sec. 2 of the Federal Constitution? Many Malaysians do not know what is that Act, either due to ignorance or the previous BN government suppression. It was passed in the Parliament on Aug 27, 1976, and downgraded Sabah and Sarawak’s status from being equal partners with Malaya within the Federation of Malaysia, into merely two of thirteen subordinate states in Malaysia.

The old BN government was the one who passed the Act, and not only did they never bother to try and repeal it after 42 years, they tried to obscure it from Malaysians. Now we have the supposedly more liberal Harapan at the helm, I dare to say it is more sensible to expect the Act to be rescinded very soon.

But will the new Harapan federal government repeal it? Within 100 days of their rule? We still have eighty odd days to go to see whether it will take place or not.

What will the consequence of annulling it? Repealing Act A354 Sec. 2 will return Sabah and Sarawak’s status as equal partners with Malaya within Malaysia, just like what was enshrined in MA63. That was why I said there should not be any cabinet committee to review or negotiate the return of the Borneo States’ status. Simply revoke the dreaded Act, and the two territories’ status quo before Aug 27, 1976 will be restored.

Therefore, as a Sarawakian, I call for the twelve Harapan MPs from Sarawak - Baru Bian, Chong Chieng Jen, Mordi Bimol, Kelvin Yii, Willie Mongin, Ali Biju, Wong Ling Biu, Alice Lau, Oscar Ling and Micheal Teo, as well as Larry Sng and Jugah Muyang (both winning as independents in GE14), in addition to the 14 Harapan-Warisan MPs from Sabah, to serve the Borneo States peoples by tabling (if none from Malaya does) the motion to repeal the Act, come the very next Parliament sitting,

Harapan definitely has the majority in Parliament to repeal the act, even without the support of Sarawak BN MPs. If the Sarawak BN MPs don’t support it, then Sarawakians can consider they (the BN MPs) still want Sarawak to be a mere lesser state in Malaysia. In 2021 Sarawak elections or GE15 in 2023, Sarawakians must get rid of them.

But once again, will the Harapan federal government repeal it? Or will they keep it as a ‘weapon’ against Sarawak BN in the coming elections? Will they view a completely autonomous Sarawak still under BN a dreadfully perilous gamble?

Will Harapan rather choose to maintain status quo for the moment, and wait for the Sarawak BN government to fall down? But if they don’t return Sarawak’s and Sabah’s pre-1976 status within 100 days, doesn't that mean they have negated what they had promised before May 9, 2018?

Will Harapan return Sarawak and Sabah’s status under MA63 by repealing the dreaded Act A354 Sec. 2 or not? We can only wait for the first post-GE14 Parliamentary sitting. If they don’t, it can be deemed as a fulfilment of pre-election pledges by Harapan, or even betrayal to Sabahans and Sarawakians who voted Harapan-Warisan candidates to victory in 26 Parliamentary seats.

And if they don’t because of BN is still ruling Sarawak, and will only return Sarawak’s status if they win power, Sarawakians can consider themselves to have taken hostage by Harapan, and the new federal government is possibly only a ‘kettle’.


The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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