Sabah’s maverick opposition assemblyman Jeffrey Kitingan will submit a Private Member’s Bill and three motions at the forthcoming sitting of the State Assembly beginning from April 14, 2014.

 

The Private Member’s Bill is the proposed Constitution of Sabah (Amendment) Bill 2014 which proposes an amendment to restore the position of the Head of State of Sabah, Yang Dipertua Negeri back to its original Yang Dipertua Negara.

 

The first motion is on Petroleum Development Act 1974, of which the second part deals with the authority of the then chief minister of Sabah, who signed the Petroleum Agreement with Petronas on June 14, 1976.

 

The second motion calls for the review of the Malaysia Agreement.

 

The third motion calls for the reprinting of the Sabah constitution as prescribed under Article 44 of the State constititon to print its own Sabah constitition.

 

On the Private Member’s Bill 2014, Jeffrey, who is the State Reform Party (Star Sabah) chief, said the historical fact is that Sabah did not join Malaysia as held by some, but Sabah formed Malaysia on  Sept 16, 1963 with the Federation of Malaya, Sarawak and then Singapore, before it left in 1965.

 

“This growing awareness of Sabahans is slowly but surely influencing Sabah leaders in general and Sabah BN in particular, to acknowledge that Sabah formed Malaysia and are equal partners in Malaysia.

 

“Historically, Sabah had been equal to the Federation of Malaya in many aspects and the governor was known as Yang Di Pertua Negara in the constitution of Sabah effective from Sept 16, 1976.

 

“Unfortunately, the sanctity and status of was downgraded to Yang DiPertua Negeri on  August 29, 1976. It was a sad turn in the history of Sabah.

 

 “The position of Yang DiPertua Negara of Sabah is acknowledged in Paragraph 20 (1) of the Report of the IGC as well in numerous articles in the federal constitution as at  Sept 16 1963 and the Proclamation of Malaysia that was read by its first prime minister, the late Tunku Abdul Rahman, on Sept 16, 1963.

 

 “The position of Sabah as a nation state within a family of nations in the Federation of Malaysia should be respected and acknowledged and should not be questioned or changed for the sake of change," he said.

 

'Unconstitutional piece of legislation'

On his first motion on Petrolelum Development Act 1974, he said that it deals with its legality and constitutionality, as well as the Petroleum Agreement signed by the then chief minister of Sabah on behalf of the Government of Sabah with Petronas on  June 14, 1976.

 

He held that the Petroleum Development Act 1974 passed by the Federal Parliament in 1974. is an unconstitutional piece of legislation that unlawfully vested Sabah’s oil and gas resources and ownership rights.

 

“This motion serves to authorise the Sabah government to annul and or abolish the said Act.”

 

Jeffrey said that the second portion of the first motion deals with the authority of the then Chief Minister of Sabah who signed the Petroleum Agreement with Petronas on 14 June 1976, a mere eight  days after the history changing air-crash which killed the then chief minister and several senior members of his cabinet.

 

 “Under the said Petroleum Agreement 1976, it was stated that the Sabah government agreed to receive five percent as the cash payment under Section 4 of the Petroleum Development Act, 1974.

"This is in return for the vesting of the oil and gas resources found on-shore and off-shore Sabah to Petronas as signed by the then prime minister of Malaysia, the late Abdul Razak ( righ t), in the Vesting Order on 26 March 1975 vesting all of Sabah’s oil and gas resources in Petronas in perpetuity.

 

“It was further agreed that the Sabah government will waive all collections of royalties against Petronas on the petroleum won on-shore and off-shore Sabah, which the Sabah government was legally entitled to impose and collect under Section 24 of the Sabah Land Ordinance.

 

“In fact, this was imposed on the petroleum companies that were undertaking exploration in the petroleum agreements that were signed with the Sabah government,” he said.

 

 “I further believe that the Petroleum Agreement was never discussed in the Sabah State Legislative Assembly before its signing on 14 June 1976 which was signed by the then chief minister under questionable circumstances.

 

“Therefore, the Sabah government needs to take all necessary actions to review the legality of the Petroleum Agreement 1976 and the authority of the then chief minister in signing the said agreement without debate and mandate from the state legislative assembly and to take all further actions to revoke and repudiate and or annul the said agreement,” he said.

 

Special interests

 

Jeffrey’s second motion was to call for a review of the 18/20 Malaysia agreement and the basis and terms of the formation of Malaysia on September 16, 1963.

 

He said: “If the federation of Malaysia does not recognise this and fails to honour the constitutional safeguards for the special interests of Sabah, there is no basis for Sabah to continue its participation in Malaysia.

 

“As it is now, it has been said that a slight majority of Sabahans wish Sabah to leave the federation due to the continued disregard and mal-alignment of Sabah’s interests,” he said.

 

In the second motion, the Sabah government is urged to reactivate the Sabah review committee to consider and review the Malaysia Agreement and the matters set out in the Report of Inter-Governmental committees (IGC), he said, pointing out that the review committee should comprise representatives across the political divide.

 

His third motion deals with the reprint of the 1963 Constitution of Sabah and to authorise the Sabah Government Printers to reprint it pursuant to Article 44 of the constitution.

 

“With the proposed Bill and the three motions, the patriotism of the Sabah BN leaders and the sincerity of the federal and state governments are now laid before the people of Sabah.

 

“It is hoped that history will be changed for the future well-being of Sabahans and Malaysians,” Jeffrey added.