Commentary And Analysis . . . Sabah needs new labour package, in October 2026, tabled in Parliament. It can be law by Q3 2027, with the pilot running from January 2028.

The distance between the new labour package and existing law was no longer conceptual. It takes perhaps 40 pages of drafting by the Attorney General’s Chambers (AGC) and the Sabah Attorney‑General (SAG), plus a political deal at the Prime Minister-Chief Minister level.

The legal carpentry was 95 per cent done.

The remaining 5 per cent was the drafting and the negotiation.

The alternative isn’t a different system.

The alternative was the same system wearing a different name, presided over by the same people, extracting the same fees, and leaving stateless families keeping savings in gold until the next rainy day and they head for the pawnshop.

Let the drafting begin on the new labour package. Let the negotiations begin. One without the other fails.

New Labour Package Story

This remains the complete story on the new labour package for Sabah. There are no gaps. There’s nothing left out. Let the work begin.

Malaysia, on May Day in 2026, still has no direct‑hire platform for migrant workers.

The proposed Universal Recruitment Advanced Platform (Turap) remains under evaluation. There has been no final decision.

The existing Foreign Workers Centralised Management System (FWCMS), operated by Bestinet, continues. Ironically, the Public Accounts Committee (PAC) found that it operated for six years without a signed contract. It had 24 unauthorised super‑admin users.

The policy vacuum wasn’t a problem for Sabah.

It’s an opportunity for designing a legally coherent, territory-led reform that addresses two distinct population:

Migrant Worker And The Stateless

Population A: Cross‑border migrant workers, holding national passports, enter Sabah via the Calling Visa process.

They are not seeking citizenship.

They are seeking fair recruitment, freedom from debt bondage, and compliance with ILO Convention 97 (Migration for Employment) and ILO Convention 29 (Forced Labour), both of which are binding on Malaysia.

Population B: Stateless residents in the form of IMM13 holders, Kad Burung‑Burung and Census Certificate holders, Bajau Laut, and stateless children.

They have no passport, no country for returning and no legal identity.

They are not foreign workers.

They are already here.

They need work document, bank account, birth certificate for their children, and pathway to citizenship for those children having resided 18 years or more in Sabah.

The conflation of these two population has paralysed policy in Sabah and Malaysia since 16 September 1963.

The complete story separates them, respects the Malaysia Agreement 1963 (MA63), and provides a legislative blueprint that distinguishes between foreign workers (who need fair recruitment, not citizenship) and stateless residents (who need legal identity, not voting rights).

It also answers the sovereignty objection head‑on: foreign workers are not seeking citizenship; stateless persons are not foreign workers; granting legal identity for people who have no other home isn’t loss of sovereignty.

It’s the exercise of sovereignty.

Non-Sabahan

Under MA63, Sabah retains control over entry and residence of non‑Sabahans. Section 65 of the Immigration Act 1959/63 provides that no person shall enter Sabah without the consent of the Sabah Government.

The Delegation of Powers (Immigration) Order 2016 (P.U.(A) 309) vests the Sabah Immigration Director with specific powers viz. issue passes and regulate entry.

The Federal Court affirmed in State of Sabah v Government of Malaysia [2 MLJ 114] that this division was constitutionally entrenched.

However, the issuance of work passes was governed by the federal Immigration Regulations 1963, Regulation 11.

Sabah cannot unilaterally invent a new pass class; it must be gazetted by the federal Minister.

The correct formula: Sabah approves the person; Putrajaya creates the pass. Any reform must be joint. Neither level of government can act alone.

Debt Bondage

Population A migrant workers are currently funnelled through FWCMS/Bestinet.

Bestinet, under FWCMS, receives RM537 million annually.

ILO Convention 97 requires equal treatment with nationals; ILO Convention 29 prohibits debt bondage and forced labour.

The current system – with documented debt bondage, fees extracted from workers before arrival, and lack of a signed contract – prima facie violates both conventions.

Twilight Zone

Population B, stateless residents in the twilight zone, fall into several categories:

IMM13 holders have visit pass under Regulation 11(2). It does not authorise employment (Immigration Circular IM.101/HQ‑G/429/1 Vol.4 2021). There are an estimated 100,000‑200,000 IMM13 holders in Sabah.

Kad Burung‑Burung and Census Certificate holders. These, having older documentation, are also stateless. Many are elderly. A deeming provision would ensure that they receive MyKAS or green MyKad (temporary residence).

Bajau Laut. The ESSCOM (Eastern Sabah Security Command) crnsus recorded about 29,000 Bajau Laut, including 6,000 citizens.

There’s biometric data on approximately 27,000 individuals.

Stateless children, born in Sabah, cannot obtain birth certificates without marriage certificates or police reports. They have no legal identity.

Track 1 . . .

Track 1 for Population A requires federal legislative action with Sabah’s consent.

Track 2 . . .

Track 2 applies for Population B. It isn’t about recruitment, it’s about regularising persons already present, many born in Sabah. — NMH

Related internal links . . .

The post New Labour Package For Sabah From Parliament . . . first appeared on NMH.

KOTA KINABALU: The legal fraternity in Sabah may be newly-discovered narrative on work in progress, as subject matter experts, on proof of identity in law issues in Malaysia viz. the plight of the stateless in Sabah.

One lawyer, who remains anonymous on request, was inspired in more ways than one by her late mother.

The lawyer recalls that the old lady breathed her last, after terminal illness, denied the blue MyKad (Malaysia Kad Akuan Diri) even on deathbed.

The mother had only permanent residence as red MyKad holder in the form of MyPR. In any case, let’s not go there too much, on the Family. These are quiet people who believe in neutralising Karma, the law on cause and effect, discovered in ancient times.

In Islam, there’s sunnatullah — God’s law on cause and effect — and Kifarah (karmic retribution) and InsyaAllah (God Willing).

The lawyers were commenting on Home Minister Saifuddin Nasution Ismail’s statement in the media on Thurs 16 April on late birth registration.

Stateless In Sabah And Syed Hamid

The lawyers recall, philosophy aside, that Home Minister Tan Sri Syed Hamid Albar said in Kota Kinabalu, before GE14 on 9 May 2018, that “the government can promise proof of identity in law for everyone in Malaysia, but not necessarily Malaysian”.

He lamented that many people in Malaysia, given green MyKad or temporary residence, were not renewing them.

Syed flew into Kota Kinabalu when he learnt from media reports that a lady who had lost blue MyKad refused the red MyKad or MyPR which the National Registration Dept (NRD) had offered as replacement. The NRD discovered that the Orang Asal lady’s father in fact came from China. There was no proof of Malaysian citizenship.

The Home Minister, falling back on prerogative and discretionary powers based on good faith and statute, in the form of the National Registration Act 1959/1963, handed over blue MyKad as the cameras clicked away for posterity and the rule of law.

Yong Lee Hua @ Piang Lin, 78, claimed that the Sabah NRD informed her in all seriousness that senior citizens who lose their MyKad are given MyPR card instead. Yong, as advised by NRD, did apply for citizenship.

Areas of Concern

The lawyers discovered, in taking the cue from Sabah, that there were 13 areas of particular concern which needs addressing, through administration at the National Registration Dept (NRD).

Briefly, the areas:

Category 1 – Mother with hospitalisation record but no birth certificate for child (mother is IMM13 holder, no marriage certificate).

Category 2 – Children born at home, but no police report made.

Category 3 – Minors with birth certificate but no MyKad/MyKid.

Category 4 – Adults (>18 years) with birth certificate but no MyKad or MyKAS.

Category 5 – Those with IMM13 but no MyKAS.

Category 6 – Citizens who have children with women with no proof of identity in law (DNA issue).

Category 7 – Muslim couples who have children without marriage certificate.

Category 8 – Bajau Laut children born in Sabah waters, no birth certificate.

Category 9 – Orang Asal (original people) and other Natives (non-Orang Asal) in the interior having no birth certificate.

Article 13 (property rights), Article 5 (right for life) and Article 8 (no discrimination) in the Federal Constitution refer on NCR land.

Category 10 – Children with no birth certificate and not in school.

Category 11 – Religion field in the MyKad.

There’s no need for judicial review on leaving space for religion blank in the MyKad.

Category 12 – Language field in the MyKad.

DNA does not know language or how we look like. In science, how we look like depends on immune system reaction in the habitat based on environmental factors.

Category 13 – Nationality / citizenship status in the MyKad.

The MyKad should not list Malaysian also under other nationalities. This remains aberration in law.

There’s no geographical origin in the Federal Constitution.

The Constitution does not define “Chinese” or “Indian” as Malaysian nationalities.

The pathway on resolving the 13 areas, leading from the NRD, was based purely on exhausting avenues which include the Home Minister, the Cabinet, and the Conference of Rulers. The Sabah and Sarawak governments may be in the picture as well.

In short, there would be no need for intervention by the police, Immigration Dept, and lawmakers.

The lawyers feel that JPN should have detailed CheckList for the 13 areas.

Five Proposals

The lawyers also feel that five proposals for strengthening NRD’s administrative approach in Sabah would makevfor its greater empowerment.

Again, the 13-Point CheckList refers.

Proposal 1 – Internal Circular on Alternative Documents, Citing recent case law on Kamaladevi.

Proposal 2 – 60‑Day Service Standard for MyKAS Issuance with Monthly Transparency.

Proposal 3 – Published 12‑Month MEKAR Schedule with SMS Alerts.

Proposal 4 – Transparency on Article 15A and End to “Maklumat Tidak Diperolehi” Notation.

Proposal 5 – Accept Statutory Declarations of Paternity as Alternative to DNA Testing.

Stateless in Sabah: Gold Collectors

It’s open secret that Malaysia was permeated by the stateless in Sabah. They remain highly vulnerable group of household gold collectors, forced by circumstances, on saving money which won’t be missed. It’s about having something set aside for the proverbial rainy day.

“All the dealings of the stateless people, being denied bank account for having no proof of identity in law, are in cash,” said the lawyers. “There are many issues as well with migrant workers. There should be JPN details on Checklist for migrant workers as well.”

The lawyers feel that there are remedies at hand on proof of identity in law issues, based purely on the rule of law as the basis of the Constitution, for the highly vulnerable people including worldwide as well. – NMH

The post Stateless In Sabah: Lawyers See The Way Forward first appeared on NMH.

Commentary and Analysis . . . Philippine President Diosdado Pagan Macapagal, distant cousin of Sulu Sultan, reportedly warned the Colonial Office in London in 1962 that Malaysia in British Borneo was controversial. Indonesia’s President Sukarno immediately launched “konfrontasi” (confrontation) and the “Ganyang Malaysia” (hang Malaysia) campaigns.

Macapagal stressed that the Sabah claim would not arise if British North Borneo was granted independence before it participated in Malaysia.

The Sabah claim, for those unfamiliar, covers the southern part of the Eastern Sabah Security Zone (EssZone) under the Eastern Sabah Security Command (EssCom), and by arbitrary extension — disputed by Brunei — covers areas north of the southern part.

The High Court of Borneo, sitting in Sandakan in 1939, disregarded the territorial and sovereignty claims by nine Sulu Heirs. The claims were based on the 1878 Deed between the Sulu Sultan and two merchants viz. Baron de Overbeck and Alfred Dent. The High Court recognised that the Sulu Heirs were eligible to receive RM5,300 per annum in compensation for giving up toll collection along the main waterways. Malaysia, under Prime Minister Datuk Seri Najib Tun Razak, stopped the annual payment after the 2013 Lahad Datu intrusion.

The Colonial Office in London, brushing aside Macapagal’s caution, transferred the Administration of British North Borneo and Sarawak and placed them under the central government in Malaya on 16 September 1963.

The Equal Partnership of British North Borneo (renamed Sabah), Sarawak and Malaya (Singapore merged), under the Malaysia Agreement 1963 (MA’63), was the proverbial fig leaf. Independence for Sabah and Sarawak, after 60 years, emerges as an idea whose time has come. More on independence later.

British Borneo

No matter how much we wish well for Malaysia and the former British North Borneo in their tussle in European Arbitration with the Sulu Heirs, it remains uphill task, probably losing battle if ex-parte Award becomes inter-parte tussle bogged down in legal minefield. Opinion, in any case, isn’t law. Only the court can declare law.

Malaysia, so far, has evaded setting aside the ex-parte US$15b Award handed down by Arbitration court in Spain. In law, the Sulu Heirs can only agree on setting aside the ex-parte ruling if there’s inter-parte Arbitration.

Therein the matter lies.

The 11 December date in Madrid court on the jurisdiction of Spanish Arbitrator Gonzalo Stampa may not pan out as reported by local media.

Arbitrators are appointed for fixed tenure which probably may not be renewed as integrity in the alternative dispute resolution method must be maintained. There isn’t any issue in conflict if Stampa announced the ruling and Award after tenure expired in June 2021. He would have concluded hearing the ex-parte application before tenure ended.

Malaysia has complained that the ruling and Award was announced in February 2022 in Paris, the separate jurisdiction, and not in Madrid where the ex-parte application was heard. Stampa’s discretion would cease if abuse of power can perferably be proven in the court of law. There may also be cause for complaint on breach of ethics. In that case, the body responsible for ethics would meet. The matter, being redundant, may be academic i.e. there’s no “live” issue.

Sulu Heirs

We learn, based on media reports, that Stampa would probably be fined and jailed on the grounds that he handed down fraudulent Award for the Sulu Heirs. We don’t know whether Intention can be proven. Malaysia’s complaint against Stampa would be heard in the Madrid Court on December 11.

Malaysia, if it does not set aside the Award, can only fall back on fire fighting techniques in fighting off attempts by the Sulu Heirs eyeing diplomatic and other assets in jurisdictions abroad. The opposition against freezing, seizing and forfeiting assets hangs by slender thread: the US$15b Award wasn’t based on ruling after inter-parte hearing.

Malaysia will not take risks in inter-parte Arbitration. So, it’s highly unlikely that Putrajaya will endorse any application for setting aside the ex-parte ruling if inter-parte hearing comes in.

If the Malaysia Parliament takes the cue from Singapore being granted independence in 1965, then Sabah and Sarawak would be set free as well. That would take the wind out of the sails on the Sulu Heirs US$15b Award in Paris. In science, we learn that there are mathematical directions on the behaviour of forces in nature and the universe. Also, chaos has been observed as the only predictable property of the universe. The moral of the story: nothing remains static.

If so, 60 years may be good time for the Malaysia Parliament on the former British Borneo. It can deliberate on independence for Sabah and Sarawak. The two Borneo territories can still remain in the Malaysian Common Market with Brunei and Singapore added as well. In fact, Singapore left Malaysia after being denied Malaysian Common Market accces. Now, times have changed.

Proxy government

Sulu Heirs, or no Sulu Heirs, there are other reasons for Sabah and Sarawak exiting Malaysia. It’s open secret that the IGP, MACC, AG and Bank Negara are sleeping with eyes open on bribery and corruption cases in Sabah and Sarawak, money laundering activities, nepotism, cronyism and collusion.

Malaysia, instead of complying on MA’63, virtually imposed proxy government on Sabah and Sarawak since 1963. The Pairin government in Sabah from 1990 to 1994 and Sarawak’s Stephen Kalong Ningkan government before 1966 were exceptions.

Immigration, the High Court and the English language are among the few powers that Sabah and Sarawak retain.

Najib was working on the devolution of greater administrative powers for Sabah and Sarawak before the ruling BN (Barisan Nasional) lost power in GE14 on Wednesday 9 May 2018.

Najib became scapegoat, victim of Trial by Media, and was dragged before the court for numerous cases, criminal and civil. The jury may no longer be out on whether he suffered selective political prosecution and selective political persecution.

The people of Sarawak, under international law, have in fact lost sovereignty. The small group in power maintains absolute control.

The First Past the Post System (FPtPS) fell on undemocratic soil in Sarawak.

In the absence of straight fights, there’s no run off and winners are declared even where they get less than 51 per cent of the votes. Then, there’s the notorious practice where candidates are returned unopposed on D-day. Nomination forms are taken for all seats and allegedly exchange hands for fees. The highest bidder collects the forms and gets declared unopposed on D-day itself. Postal votes, allegedly another scam, can be added where the government party candidate risks losing.

No Government Change

The government in Sarawak has not changed since 1966. It’s the duty of the international community, under international law, that sovereignty be restored where the people have lost it. In 2006, Iraqi President Saddam Hussein was hanged after sovereignty was restored. There were also other reasons for the Iraq War launched by the “UN sanctioned” Coalition of the Willing in 2003.

Proxy government has facilitated the Federal government’s non-compliance on MA’63, allowed internal colonisation policies and created inaction in law on the Southeast Asia Sea which Beijing claims almost in its entirety. Sabah in particular has been plagued by PTI (pendatang tanpa izin or illegal immigrants) allegedly on the electoral rolls. That has compromised consent of the governed, legitimacy, democracy, sovereignty, territorial integrity and the rule of law.

Many people may not be aware that the Federal government remains the ultimate loan shark (ah long) for the sultanates and states in Malaya and the Malaysian territories in Borneo.

International law, after World War II, outlawed colonialism, nazism, facism, apartheid, the caste system which prohibits upward social mobility, political Islam, and ketuanan Melayu, among others.

Colonialism stands defined in international law as form of criminal enterprise for accumulating capital. Wealth, it has been observed, risks being transferred out from those who have no power. Those who have power are the ultimate beneficiary.

The Federal government has real power as evident from the fact that it has removed local tyrants and control freaks who go rogue and virtually thumb their noses at their Master.

There’s also case for Sabah and Sarawak having their own separate Federal government before independence comes. The Federal concept delineates power at three levels viz. Federal, state and local. The Federal government protects the people from local tyrants and control freaks at the state level.

Place In The Sun

Ironically, Malaysia risks Sabah and Sarawak emulating the Sulu Heirs and freezing, seizing and forfeiting Federal government assets in overseas jurisdiction.

Petronas, operating in Sabah and Sarawak waters, also risks its assets being frozen, seized and forfeited in overseas jurisdictions, allegedly for denying Sabah and Sarawak their place in the sun. — NMH

The post British Borneo Back As Malaysia Runs Out Of Time first appeared on NMH.

Commentary and Analysis . . . Senate President Tan Sri Wan Junaidi Tuanku Jaafar didn’t mince his words in an interview with Twentytwo13 on the plight of former Prime Minister Datuk Seri Najib Tun Razak still awaiting Full Pardon in jail.

The former British Borneo territories suffer great loss with Najib in jail, unrepresented, since Tuesday 23 August last year. The former Prime Minister merits Full Pardon, having suffered lack of representation before jail, and plagued by legal incompetence. Local lawyers, lawyer in Singapore and two lawyers in India — all consulted by Najib — explained legal incompetence in the media.

Earlier, it was Sarawak Minister Datuk Nancy Shukri who said immediately in the days following GE14, on Wednesday 9 May 2018, that the Borneo Territories — Sabah and Sarawak — want ousted Prime Minister Najib back in Putrajaya. Also, she notoriously added that the Bumiputera will steal “if the government doesn’t help them”.

Najib, for Shukri and Wan Junaidi, was the best thing that ever happened on this side of the Southeast Asia Sea — mistakenly called South China Sea — where China has aggressive designs on Sabah and Sarawak waters as the Federal government looks the other way.

Nancy, like other leaders and common folk in Sabah and Sarawak, caution against Borneons being victims of the bitter power struggle splitting Malaya down the middle between Malay/Islamic and Chinese-led groups. The latter, in act of treason, refuse to condemn China on its encroachment in Sabah’s Spratly Islands and Sarawak’s Beting Patinggi Ali Atoll off Miri.

The Orang Asal (Original People) see nothing in common with the Chinese locked in “do or die” political struggle, under multicultural euphemism, with the “Islamic” bogeyman and Malay, whether in or out of government.

Full Pardon Ends Weaponisation

They remember it was Lee Kuan Yew who betrayed them on 10 August 1965 when Singapore left Malaysia. It was Lee who persuaded Donald Stephens that Malaysia would be good for them. Stephens perished in the fiery aircrash on 6 June 1976 after open warfare with the Federal government on oil and gas reserves in Borneo.

Patently, the Borneo Territories, having suffered non-compliance on the Malaysia Agreement 1963 (MA’63) and Borneo rights, and lost oil and gas rights, want the weaponisation of the judiciary ended and the rule of law, the basis of the Constitution, restored.

It’s also about regaining oil and gas rights, among others.

The jury may no longer be out on whether the court in Malaysia was swearing by the letter of the law by itself, as law, and ruling with impunity on Najib, amidst concerns about the weaponisation of the judiciary.

If the nature of human relationships need regulation, it can be done by the rule of law or other approaches. Other approaches, except for out of court settlements and prerogative and discretionary powers, may be unsustainable. The war in Ukraine refers.

Chief Justice Tun Richard Malanjum’s Farewell Address, schooling the court and lawyers on the rule of law, refers. There could be no greater proof that the rule of law was being observed in the breach in Malaysia when Najib was jailed.

Borneons Unhappy

Already, Borneons are unhappy that the court in Sabah and Sarawak has been given the short end of the stick by the Judicial Ethics Committee (JEC) and the Attorney General’s Chambers (AGC) in Putrajaya when they have their own Attorney General (AG) in Kota Kinabalu and Kuching.

The social media in Borneo feel that it was the weaponisation of the judiciary by dictatorial Prime Minister Tun Mahathir Mohamad which saw Najib jailed, unrepresented, on Tuesday 23 August last year. At the same time, they see the US President granting Pardon, every Tom, Dick and Harry getting them, during the last days in office.

The Pardon covers even those who did no wrong.

Sabahans and Sarawakians can’t believe that Najib, as former Prime Minister would actually “rot in jail” for 12 years, creating dangerous precedent in the process. If so, they agree with the Johor Sultan that Najib should either not be in jail alone or should be released. The Sultan hinted at big names — read Mahathir — who should be in the cell next to Najib.

Consensus On Full Pardon

Therein also lies the consensus in the social media on Full Pardon for former Prime Minister Najib. It was Najib who recognised Malaysia Day — 16 September 1963 — as public holiday in 2010, initiated the RM30b Pan Borneo Highway before GE14, and began the process of reversing, by devolution, the British transfer of Borneo’s Administration to the central government in Malaya.

Sabah and Sarawak, the political grapevine whispers, also support Umno’s Memorandum on Najib’s Petition for Full Pardon. The Memorandum, some insider sources confide, will be placed before the Conference of Rulers. The Memorandum isn’t the Petition for Full Pardon. It will have persuasive authority, in mitigation, on Najib’s sterling record of public service on both sides of the Southeast Asia Sea.

The Memorandum will also persuade the Agong and brother Sultan that the weaponisation of the judiciary — read Mahathir — continues and was behind Najib’s plight in several court cases. Obstruction of justice remains a heinous crime in Commonwealth jurisdisction. There would be blood bath if heads roll.

Najib, or no Najib, the Conference of Rulers cannot look the other way on the weaponisation of the judiciary phenomenon allegedly created by Mahathir. The facts, the issues arising, and the law/s applicable on the phenomenon are in the public domain. It merits the Father and Mother of all Royal Commission of Inquiry (RCI) on weaponisation of the judiciary. It includes returning Borneo rights.

Full Pardon Based On Petition

If Najib’s Petition for Full Pardon was filed properly, it would not be under the Pardons’ Board. The Petition could have been decided by the Agong long before Friday 31 March when the Federal Court Review Panel ended with the Ruling on DNA (discharge and acquittal) by Federal Court Review Panel Head Judge Datuk Abdul Rahman Sebli. Najib did not reinstate the Judicial Review in the High Court for Order on the DNA.

Full Pardon probably cannot be based on the Federal Court Review although Judge Sebli had opinion. It’s unthinkable that the court of law influences the discretion of the Agong on Ful Pardon. It’s pertinent that the other four judges, led by Judge Datuk Vernon Ong on the Federal Court Review Panel, could not find jurisdiction.

Lawyer Shafee Abdullah allegedly argued the Review, despite being cautioned by Judge Ong on 27 February this year, as Appeal for another bite at the cherry. Lawyer Shafee can perhaps file Originating Summons (OS), based on certificate of urgency, for declaration on a point of law on the Judge Sebli ruling. There’s always a first time.

It’s better that the court of law sort out Judge Sebli’s Ruling and not belabour in the delusion that the Agong will rectify their mistakes. The court as in India for example should have kept the widespread ramifications in mind when Ruling, or not Ruling, on the Najib case. Malaysia does not belong to Mahathir and Family for political Dynasty.

Basic Features Doctrine

There should be no breach of the Basic Features Doctrine (BFD) which, written or implied, permeates the Federal Constitution on “acts in office”. Najib stands indemnified, has immunity, and implicit Pardon for “acts in office”. The Federal Court, sitting as the Constitutional Court, should rule on the matter which has been left hanging since Merdeka (independance) on 31 August 1957 and Malaysia Day on 16 September 1963.

The BFD should be read together with the Federal Court ruling recently that Attorney General (AG) Tan Sri Tommy Thomas breached Article 145 and committed abuse of power on the Asian Arbitration case. Najib was twice denied this approach and may make another attempt.

Based on what the Pardons’ Board said on Friday 28 April in a media statement, they would look at the Petition for Full Pardon. There are procedures on this. In law, under Article 8, there can be no discrimination, save as provided by law. In that case, i.e. discrimination allowed by law, there must be sunset clause.

It can be argued that the Petition, based on specific criteria, comes under the Agong’s sole discretion. Najib’s Petition for Full Pardon can’t go through the Pardons’ Board if conviction hasn’t been perfected in law for perfection in law. The Petition was probably not filed properly. In that case, we will only have an inkling when the Petition was re-filed. The Agong can even decide on the Petition within a week as with Prime Minister Datuk Seri Anwar Ibrahim.

End Controversy

Alternatively, the Agong can disregard parts of the Petition, and grant Full Pardon before he steps down on Monday 30 January next year. The controversy, if any on Full Pardon, would fizzle out when the Johor Sultan becomes Agong. Hopefully, there would be tsunami in the Southeast Asia Sea and the media would stop reporting on Full Pardon for Najib.

Filing the Petition properly means not including matters which should not be included. Agong must be persuaded that there was miscarriage of justice arising from Tainted Ruling based on mistrial. He would not accept complaints against specific judges although they may have been found wanting in more ways than one. He can’t be seen as condoning “collateral attack” on the RM42m SRC International conviction no matter the merits.

Weaponisation of the judiciary, a phenomenon allegedly created by Mahathir, can be included in the Petition as Affidavit in Support (weaponisation).

Full Pardon cannot be hyped by the media, an unthinking animal which can be manipulated, as sending the wrong message. The Pardons’ Board exists. Agong has discretion. The court has nothing to do with Pardon, Full or otherwise. Again, Full Pardon isn’t an attack on the judiciary or the “conviction” on the RM42m SRC International case.

Subject matter experts caution that if an issue in the media doesn’t end in two weeks, it will become controversial. The controversy will not end unless there’s closure. The last word must come in as all thoughts flow and the Debate goes back and forth. There must be finality in litigation as well.

The UN Review will come in before Christmas this year. It can only find, based purely on the rule of law, that the SRC case was incomplete before “conviction”. — NMH

The post Najib Gets Full Pardon Support From Sarawak Leaders first appeared on NMH.

Homo sapiens ‘race’ — human species or genetic barrier — are differentiated by artificial social and cultural constructs viz. language and dialects like Kadazan and loanwords, customs, traditions, rituals, food, habitat, anthropology, and history!

Commentary and Analysis . . . At a time when there are larger demands in Malaysia that “race” be dropped from Federal government forms, Kadazan speakers — in fact habitually Bahasa Sabah or Chinese speakers — ironically demand that they be listed as “race”.

Homo sapiens ‘race’ — human species or genetic barrier — are differentiated by artificial social and cultural constructs viz. language and loanwords, customs, traditions, rituals, food, habitat, anthropology, and history.

Sabah’s Kadazan speakers may be barking up the wrong tree on “government forms”.

Kadazan speakers at present, like other Orang Asal (Original People) are listed in Federal government forms as Others (Orang Asal or Kadazan etc.). That’s also reflected in the birth certificate and MyKad.

The Federal government can only disregard “Kadazan” demands. The demands aren’t based on science, there’s no “law” on it, and there can be no such “law”.

In fact, we can’t say Kadazan people, except for convenient labeling and/or caricatures in the media.

However, we can say Kadazan speakers if use the dialect habitually at home as their mother tongue, and not Bahasa Sabah or Chinese, for example. Kadazan speakers have the same DNA as other human beings.

Cultural phenomenon 

The 50m Mongoloid speaking tribes in the eight states in northeast India and the Negrito tribes in the mountains of Kerala, for example, are other cultural phenomena that have nothing to do with DNA.

It was at one point in India’s history that Albino emerged in the north from people who were dark-skinned. In science, albinoism was the result of inbreeding and incest where the population was very small.

The Albino in north India developed the Sanskrit language from other languages used by dark-skinned groups.

The Albino in north India spread all over India and also reached Central Asia. Three Albino families in Central Asia entered Europe. The DNA migration trail shows that everyone in Europe is descended from these three Albino families.

The Europeans became “white” when Albinoism came down as there was critical mass i.e. the numbers grew.

Kadazan speakers failed 

Kadazan speakers, ironically, have failed to preserve their dialect in habitual everyday use. It’s the Church that keeps the Kadazan dialect and other local languages and dialects alive. Muslim, more likely, habitually speak Bahasa Malaysia or Bahasa Sabah and not Kadazan. More on Bahasa Sabah later.

DNA Trail

DNA, the warehouse for genes, can’t tell race or language or how a person would look like. DNA can only tell who are the biological parents and trace the geographical migration of the DNA path. Every person only receives two cells, the sex cells, from biological parents. The rest of a person isn’t due to the parents but nature and the DNA which carries the genes of collective humanity as homo sapiens.

Blue eyes, for example, is an environmental phenomenon created by the missing brown gene. Dark skin, having more pigment cells, isn’t a DNA phenomenon and it isn’t permanent.

Dark skin, a stress-related response by the immune system unleashing melanin, was created by environmental factors.

The cloudless sky allows more light to fall on the skin during the day. The pigment cells release melanin to protect the skin. The melanin washes away, but only to a certain extent, if the skin is soaked in water in the longbath. 15 minutes soaking would do. The sides of the long bath would turn dark when the melanin washes away. Of course, the pigment cells can’t be washed away.

Thick clouds cause more rainfall which reduces heat. Rainfall and heat don’t affect pigmentation. Only light during the day affects pigmentation.

Two wrongs

Two wrongs — read Malay, Indian, Chinese, Others (Orang Asal) and Others (Foreigner) in Federal government forms — and the demand by Kadazan speakers do not make one right.

Indian and Chinese, in digressing a little, are nationalities in India and China, and find expression in diaspora worldwide, but considered as “race” in Federal government forms in Malaysia, no doubt for Article 153 reasons. It may also be more about labeling for political convenience and expedience. It’s a way of articulating and ventilating divisive issues and gathering the votes.

There’s no “race”, caste, colour, religion, and political party in Parliament, but only lawmakers elected by all and sworn on the Constitution for upholding, defending, respecting, and honoring the rule of law.

The rule of law isn’t a legal term, but political, based on the ultimate political documents that set forth the governing institutions of state and hence, like Adat, has the force of law as the supreme law of the land. The Federation of Malaya Act 1948, the Federation of Malaya Independence Act 1957, and the Malaysia Agreement 1963 (MA’63) are the ultimate political documents that make up the Federal Constitution.

Adat, presided over by the Native Court, is the 1st law in international law. International law, for those unfamiliar, being based on international customary practices and human rights, finds compliance in national law. Indeed, human rights — it isn’t about the collective good and common humanity as in Islam — remain the basis of international law.

Freeze on Native Certs

There’s also the little matter of the Sabah government indefinitely freezing the issuance of the Native Certificate (Sijil Anak Negeri) by the Native Court.

The government discovered that corrupt practices allowed many with roots in China to get their hands on Native Certificates as Kadazan speakers and/or as Sino-Kadazan, Sino-Native, and Sino-Dusun. The public perception remains that many of these Native Certificate holders may not have even a drop of Orang Asal blood and are allegedly merely after NCR (native customary rights) land. In fact, NCR land can only be held by heritage.

The public perceptions were highlighted not so long ago when the Sabah Assembly withdrew the Native Certificate held by Jimmy Wong, a DAP lawmaker, who allegedly accumulated NCR (native customary rights) land under the Native Certificate. The state assembly discovered that he allegedly had recent roots in China and didn’t have even a drop of “Orang Asal blood”.

Dialectic variation

Kadazan, for those unfamiliar, is an urban dialectic variation from the largely rural Dusunic anthropological grouping in Sabah, Dusun being the main language, but being replaced by Bahasa Sabah.

Bahasa Sabah remains the local version of Bahasa Melayu habitually spoken in the Johor-Rhio-Lingga region. The 20K word Johor-Rhio-Lingga, enshrined in Article 152 as Bahasa Kebangsaan, has been replaced since 1969 by the 40K word Bahasa Malaysia based on Bahasa Melayu. Bahasa Indonesia, in comparison, has 127K words including 20K words from Bahasa Melayu. One-quarter of Bahasa Indonesia is Dutch. Bahasa Indonesia, like Bahasa Malaysia, has many loanwords from English and local languages and dialects.

Standard KadazanDusun, based on the Bundu and Liwan dialects within the Dusunic grouping, has been developed for schools by the KadazanDusun Language Institute (KDLI).

There’s also the Murutic anthropological grouping in the former British North Borneo.

Dusunic and Murutic are subcultures within the larger Dayak anthropological grouping in Borneo, the 3rd largest island in the world and forming parts of Brunei, Malaysia, and Indonesia.

Property rights

Again, Kadazan speakers are not “race”. They are a form of identity which, unlike Malay — an aberration in law — isn’t in the Constitution. The Constitution can only be color-blind under the rule of law, the basis of the supreme law of the land.

Orang Asal, including Kadazan speakers, are however recognized by the Federal Constitution under Article 13 (property rights), Article 5 (right to life), and Article 8 (no discrimination), Adat, the Sabah Constitution, and Sarawak Constitution as “ancestral and historical property owners” of NCR land by heritage. Adat, being based on customary practices, has the force of law like the Constitution. — Joe Fernandez

The post Sabah’s ‘Kadazan’ barking up the wrong tree on ‘government forms’ first appeared on NMH.

The ongoing Debate in cyberspace, sparked inadvertently by Joseph Pairin Kitingan’s supporters on the Governor of Sabah, and Sarawak as well, has somewhat degenerated into rhetoric and polemics between lawyers and non-lawyers on only one issue . . . the appointment of the regional head of state based on the unwritten discretion of the heads of governments in Sabah, Sarawak, and Malaysia and the Agong as head of state.

Discretion may be a double-edged sword. If it can be used to appoint a Muslim as Governor, it can also cover non-Muslim as Governor.

The Orang Asal have a right to be head of state in their own land. In Adat, customary practices which have force of law, only those who have NCR (native customary rights) land, i.e. ancestral and historical property rights, are Orang Asal. Article 5 (right to life) and Article 13 (property rights) refer.

In law, and on ethical and moral grounds, the Agong cannot delegate his role and functions as spiritual head of the local ummah to the Governors in Sabah, Sarawak, Penang and Malacca. Any such delegation would be a violation of the rule of law, the basis of the Constitution. Spiritual power and temporal power — i.e. worldly power — are not one and the same.

In Malaysia, there’s separation of Church and State in the Constitution, Federal and state.

There can be no law against non-Muslim being Governor in the non-sultanates and there can be no law making Muslim Governor mandatory. In fact, as during British days, sultan should not be head of state as well, but confine themselves to the original role recognised by Arab and Islamic history and the English Monarch.

Pairin Proposed To Be New Governor

Former Sabah Chief Minister (1985 to 1994) Joseph Pairin Kitingan has been proposed unanimously by the court of public opinion — it’s all about cases in court or what should be there — and the social media and various political personalities as the next Governor of the Territory.

In Sarawak, former Federal Minister Leo Moggie Anak Irok and local traditional strongman Leonard Linggi Jugah, have both been mentioned as possible candidates for the Governorship. Linggi is the son of Paramount Chief Temenggong Jugah Anak Barieng who, in hindsight, threw cold water on Malaysia in 1963 but went along anyway. He cautioned that Malaysia would probably turn out to be like sugar cane, “sweet in the beginning, less sweet towards the end” . . . Jangan Malaysia seperti tebu, manis di pangkal, tawar di hujung.

It may be politically inadvisable, and incorrect, if non-Muslim continue to be denied the Governor’s post after so much water has passed under the Bridge since Malaysia Day on 16 Sept 1963 i.e. after more than half a century.

Unlawful

It’s unlawful to literally force a non-Muslim to become Muslim to be Governor. It happened in the case of Donald Stephens in Sabah and Luis Barieng in Sarawak. The argument has been made that a non-Muslim can convert to become Governor, although there’s no law on it, and return to the original religion after leaving office. That’s hypocrisy of the highest order. The talk in Sarawak is that Luis Barieng remained a staunch Roman Catholic all his life. It’s said that he used to go to the garden house far from his home in the village to recite the Holy Rosary of the Blessed Virgin Mary in solitude.

After Stephen Kalong Ningkan was ousted in 1966 as Chief Minister, under Emergency Declaration, no non-Muslim except for Penghulu Tawi Sli briefly, has been Chief Minister. In fact, the people have lost their sovereignty under international law, as the Sarawak government remains unchanged since Ningkan and Tawi Sli. In adding insult to injury, in the absence of runoffs, the majority of election results in Sarawak have never been perfected in law. Many candidates were declared winners although they came in with less than 51 per cent of the votes counted. Unlike in the United Kingdom for example, the First Past the Post System (FPtPS) fell on undemocratic soil in Sarawak, Malaysia and Singapore since elections in these Territories have generally not been on a one to one basis.

Chinese Moneybags

In Sabah, no non-Muslim has been Chief Minister since Pairin was ousted in 1994 by three defections to the other side. It was engineered by Chinese money bags (names withheld) in Sarawak and Labuan, within about a month after the territorial election in Feb 1994, in cahoots with Mahathir Mohamad and Anwar Ibrahim.

The religion of the holder has nothing to do with various public posts in Malaysia . . . Attorney General of Malaysia, Chief Justice, Chief Judge of Sabah and Sarawak, Attorney General of Sabah, Attorney General of Sarawak, Prime Minister, Chief Minister of Sabah, Premier of Sarawak and Agong i.e. if elected by the people.

It has been argued that the Prime Minister will not advise the Agong that non-Muslim be appointed as Governor of Sabah or Sarawak. It’s widely believed that the Agong will not appoint non-Muslim as head of state in the Borneo Territories. In law, that’s not true. Again, the Agong is the spiritual head of Islam for the local ummah in Malaysian Borneo, Penang and Malacca.

The Agong, as sultan, is the spiritual head of the local ummah in his sultanate but not in Malaysia. The other sultan are the spiritual head of the local ummah but only in their own sultanate.

British Administration

During the British Administration of Malaya, the sultan was recognised by the English Monarch as the spiritual head of the local ummah, presiding also over Malay language, culture, customs and traditions. Interestingly, Article 160(2) of the Constitution contradicts itself on Malay. The 1st Prong implies the local ummah. The 2nd Prong, the greater clause which must be read together with the 1st Prong to issue Malay MyKad, implies Malay as “form of identity”. There’s case law on this . . . Read Petmal Oil (Malaysia) Sdn Bhd v. Che Mariah Mohd Tahir (Trading As Delta Mec Enterprise) [1994] 3 CLJ 638. Mahathir, for example is Malay by form of identity, but Indian (Malayalee) by language and culture. In jurisprudence and constitutional law, the Constitution of a nation-state is colour-blind.

Besides the English Monarch, there’s no proof that any other head of state — whether non-Muslim or Muslim — recognised the sultan in Malaya. The British controlled defence, internal security and foreign affairs as well besides Internal Administration.

It was the British who stopped toll collection along the main waterways in Malaya and created the sultanate as territorial states. The British could not comprehend a situation where the Ruler did not have Territory to rule. The sultanate, before the British intervention in Malaya, were kerajaan sungai — riverine “kingdoms” — confined to collecting toll at the rivermouth of main waterways. The British compensated the newly-elevated sultan with annual purses after toll collection was abolished by them and roads and rail built.

European Arbitration

In digressing a little, the Attorney General should cite the rivermouth kingdoms in Malaya, before European Arbitration, to demolish territorial claims by the Sulu Heirs. European Arbitrators, like the British colonialists, probably cannot envisage a situation where a Ruler does not rule over Territory. In 1939, the High Court of Borneo in Sandakan dismissed territorial and sovereignty claims by nine heirs of the last Sultan of Sulu. The High Court recognised compensation claims, 5300K Spanish dollars every year, for loss of toll collection along the main waterways along the eastern seaboard. The 1939 Ruling was based on the 1878 Deed between the Sulu Sultan and the British North Borneo Standard Chartered Company (BNBSCC). The BNBSCC had a Charter from the English Monarch to rule North Borneo on his/her behalf.

Parliamentary Oath

The Parliamentary Oath is proof that non-Muslim can be Sabah Governor and Sarawak Governor. Besides the Constitution, there’s no reason why the Oath cannot be taken on any other document or even one’s own Mother, provided it’s about upholding the rule of law. In the UK for example, the Oath need not be taken on the Holy Bible. There’s no written/codified Constitution in the United Kingdom of Great Britain and Northern Ireland.

It cannot be said that the Governor, whether in Borneo or Malaya, is the spiritual head of the local ummah. Again, it’s only the sultan that plays that role and function in Islamic and Arab history.

The Oath in the legislature is about upholding the rule of law, the basis of the Constitution. It’s a bundle of contradictions if the Sabah Oath taken by the Governor mentions defending Islam and the rule of law in the same breath.

Islam does not accept the rule of law, freedom of conscience, free speech, free thought, free association, free assembly, free press, free women, human rights, and the universality and commonality of citizenship. The list goes on and on.

Law cannot be read in isolation but must be read together in conjunction with many other Articles, written, implied, inherent or permeating through the Constitution, Federal and Territorial.

In the rule of law, no one is above the law, all are equal under the law, there can be no discrimination, and where there are rights, there must be remedies.

Spirit of the Law

In the rule of law, there’s greater emphasis on the spirit of the law, albeit read with the letter of the law. The letter of the law, by itself, isn’t law at all. It’s dictatorship. There’s no democracy, no legitimacy. The letter of the law, by itself, is rule BY Man, the law of the jungle as in China where anything goes. In China, under rule BY law, they make up things as they go along.

Discretion as Excuse

Discretion, on the part of the Chief Minister, Prime Minister and Agong, should not be used to prevent Joseph Pairin Kitingan from being the next Governor of Sabah. Again, in reiterating, the same discretion can be cited in appointing him.

Discretion isn’t law. The court has no jurisdiction on discretion i.e. it’s not a matter for judicial consideration and resolution.

The court of law is only about law.

Under the Malaysia Agreement 1963 (MA’63), 20 Points (Sabah) and 18 Points), Sabah and Sarawak have no religion.

Batu Sumpah, the constitutional document in stone, in Keningau, Sabah, also says that Sabah has no religion.

Muslim always being Governor of Sabah and Sarawak isn’t Convention — the working of the Constitution — but an aberration in law.

The Governors of Sabah and Sarawak before Malaysia Day, 16 Sept 1963, were non-Muslim. – NMH

About the writer: Longtime Borneo watcher Joe Fernandez keeps a keen eye on Malaysia as a legal scholar (jurist). He was formerly Chief Editor of Sabah Times. He is not to be mistaken for a namesake previously with Daily Express. References to his blog articles can be found here.

The points expressed in this article are that of the writer and do not necessarily reflect the stand of NMH.

The post Joseph Pairin Kitingan Poised In Historic Take As Sabah Governor first appeared on NMH.

KOTA KINABALU – Sabah human rights advocate Daniel John Jambun wants the Magistrate’s Court in Kota Kinabalu to examine how Indian-born Sabah MIC Chief Peer Mohamad Kadir — 600323-12-xxxx — holds Malaysian citizenship under the operation of law viz. descent from a citizen.

The Sabah MIC Chief reportedly has been appointed to the Board of Sawit Kinabalu, a state-government-owned GLC (government-linked corporation).

Daniel lodged a police report on Peer Mohamad Kadir in Kota Kinabalu on Saturday 06 Aug 2022. He will be lodging a complaint at the Magistrate’s Court in three weeks. The police report, explained Daniel, will facilitate the Inquiry by the Magistrate’s Court.

The human rights advocate was following up on a statement by Deputy Home Minister Jonathan Yassin in Parliament on Wednesday 03 Aug 2022. Jonathan was replying to Kota Kinabalu MP Chan Foong Hin on the authenticity of the Malaysian citizenship held by Peer Mohamad Kadir.

Yassin said that his Ministry had so far not received any complaint on the matter.

Code 12

Peer, pointed out Daniel, holds MyKad with Code 12 i.e. indicating that he was born in Sabah. The human rights advocate believes, based on reliable sources, that the Sabah MIC Chief may have registered and obtained a late registration birth certificate in Sabah without the sanction of the court

Daniel doubts that the late registration birth cert was issued after verification by the Mobile Court System in Sabah.

It’s not known whether Peer Mohamad was classified as “Malay” in the MyKad. The Definition of Malay, under Article 160(2), remains confined to Singapore and Malaya and governed by Merdeka as the cutoff line. The descendants of Malay are also Malay.

Malay isn’t race in Article 160(2) but a form of identity. There’s case law on this from the High Court of Malaya. Read Petmal Oil (Malaysia) Sdn Bhd v Che Mariah Mohd Tahir (Trading As Delta Mec Enterprise) [1994] 3 CLJ 638.

According to details in the police report, Peer was a Witness at the 2012 Royal Commission of Inquiry (RCI) headed by Judge Steve Shim Lip Khiong. Peer, who testified on 12 Aug 2012, admitted that he came to Malaysia in the 1980s and now holds Malaysian citizenship.

Jus Sanguinis

Citizenship in Malaysia, under the operation of law, isn’t by jus soli (place of birth) but jus sanguinis (descent from a citizen).

The National Registration Act 1959/1963 states that the onus is on a holder to prove that he or she was eligible to Apply for and entitled to hold a Malaysian personal document.

In law, “given by the government” is no defence.

In law, any “mistake” by the government in issuing a Malaysian personal document isn’t considered a “mistake” at all. – New Malaysia Herald

The post Advocate Wants Court To Probe Citizenship Of Sabah MIC Chief first appeared on NMH.

History probably may not judge almost all of the spate of local Memoirs kindly. These Memoirs by politicians all have common themes marked by selective amnesia.

Lee Lam Thye for example, according to a former Sabah state secretary, allegedly works very little but floods the media with press statements designed to help build up public perceptions on the political personality cult revolving around him. Until Lim Kit Siang responded to the Lee Lam Thye Memoirs, there was no counter narrative on him in the media to demolish the myth of a male version of Mother Teresa.

There’s no counter-narrative on Lee Lam Thye in the media to demolish the myth of a male version of Mother Teresa. If push comes to shove, the Sabahan senior civil servant may make a good material witness and character witness on Lee Lam Thye. See here.

The common themes in the Memoirs arise from starting stories in the middle, looking at only part of a story which suits the convenience of the writer, avoiding true confessions or self-incriminations, and leaving probably nothing but an empty torrent of words and/or diarrhoea of words for posterity.

Form Of Literature

The Memoirs may be a perverse form of literature, viz on characters and moral values, which have to be read between the lines. There are many other stories making the rounds on the writers.

It’s inherent in our nature, more true in the East, to belabour in delusions, indulge in flights of fancy, work the imagination overtime, take liberties with the truth and deny the personal Truth although — in a contradiction in terms — we may seek the truth in spiritual ways.

Life isn’t black and white. It comes in various shades of grey. There are exceptions, qualifiers, caveats, ifs and buts. One size does not fit all.

Knowledge, like money, is intrinsically worthless. It’s skills that matter. If one wants to lie, then be good at it. Otherwise, it’s counterproductive.

The bookshops tell us that local Memoirs don’t do well even when cover prices are slashed for recovering printing costs. Even Memoirs by Mahathir Mohamad and Lee Kuan Yew are gathering dust in the storerooms.

Former journalists have stopped working on documentation. The books don’t sell and reality quickly sinks in. The failure to tell the truth comes at a very high cost.

Best Seller

Wannabe politician and former Attorney General Tommy Thomas’, “My Story: Justice in the Wilderness”, may be an exception, considering that the book hit the best seller list within days.

The book’s worth may lie in the criticism of the Attorney General’s Chambers, the legal fraternity, the court, judiciary, government, politicians and all and sundry.

I stand corrected but not on Syrian Christian. The Thomas recall on the history of Christianity and Hinduism in Kerala, southwest India, being full of holes, may have been taken from erroneous Hindu sources. See here.

Mustapha Harun

An aborted biography on Mustapha Harun may help keep the culture of Memoirs in perspective.

After I was commissioned by Mustapha to write his biography, I resolved against writing the Memoirs of any politician.

Mustapha related so many stories full of holes during the brief 21 days that I spent interviewing him over three months. It made the head spin because there were too many gaps to plug.

Writers in the West usually get access to intelligence files and declassified documents. I abandoned the exercise in futility.

Eddie Sequerah, my colleague at AsiaWeek, prophesied that I would regret not writing Mustapha’s Memoirs. He arranged the commission in return for being mentioned on the book cover as co-writer.

The commission letter on the Mustapha biography read, “by Joe Fernandez and Eddie Sequerah”. Then, the letter read, “by Eddie Sequerah and Joe Fernandez”.

That was the proverbial straw that broke the camel’s back.

Another AsiaWeek Writer

Sequerah contacted MGG Pillai, another AsiaWeek colleague, to write the book. Pillai agreed to write the book provided Sequerah or someone else did all the interviews and research.

The latter mentioned my interviews. Pillai wanted the notes on them.

Sequerah came back. He demanded that I hand over all the notes on the interviews with Mustapha. I asked him about the rumours in town that he had secured another letter from Mustapha, mentioning my name, and collected RM450K from Jeffrey Kitingan to sponsor the book.

He denied it angrily. He wanted a meeting with Jeffrey on the matter. I gave him the benefit of the doubt.

In an about-turn, he offered to pay me RM50K in ten installments, each time RM5K, after I fax him some chapters of the book.

I advised him to keep the RM50K and write the book.

Sequerah sent a thug after me to collect the notes of my interviews with Mustapha. I told the thug the whole story about the Mustapha book. He never came back.

Sequerah has moved on. It’s said that we should not talk ill of the dead. We are not talking ill of him. The story must be set straight as a matter of public record although, it’s said, that there are no secrets in Sabah.

The last time I saw Sequerah was after Mustapha passed away in 1995 after suffering an asthma attack. He was on an escalator at a shopping complex in Kota Kinabalu. He turned around suddenly, smiled from the distance and waved.

To this day, I have yet to ask Jeffrey about the RM450K. No one in Sabah can whisper that I took the RM450K and didn’t write the book. It defies logic although dead men tell no tales.

Long Term Memories

Much water has passed under the bridge. I have no regrets about not writing Mustapha’s Memoirs. He never kept notes and diaries. Otherwise, he would have handed them over.

His memory was faulty and he may have resorted literally, or inadvertently, to making things up. Some of the things that he said, based on long term memories, maybe more accurate unless he took liberties with the truth.

He denied the contents of a letter which Peter Mojuntin wrote to Tun Abdul Razak. The letter is in “The Golden Son of the Kadazan” by Bernard Sta Maria.

The book stays banned in print probably because of the letter. It was a litany of complaints on forced conversions, especially in the Ranau area, and how Mustapha dealt with foreign priests in Sabah, among other issues.

Based on personal testimonies, these forced conversions have come back to haunt Sabah. Many “new” Muslim have reportedly gone back to their old ways but the religion in the MyKad hasn’t been corrected. They pour out their woes on social media.

It appears that Sabah has an extraordinarily high number of apostates.

Mustapha’s Legacy

In the wake of Mustapha’s legacy, there are many cases on religion in the High Court of Borneo. In law, the High Court has no jurisdiction if applicants say that they want Islam to be dropped from the MyKad and substituted with another religion.

The court cannot get into theology. It’s only about law.

The High Court can consider an application involving religion if the applicant first fills a correction form at the National Registration Department (NRD). The form must request that details on religion be left blank.

If the NRD denies the correction form, the applicant can Apply for Leave for Judicial Review and file, at the same time, the application for Judicial Review on the matter. In law, the High Court can order the NRD to remove religion from the MyKad.

Before Malaysia, there were no inter-faith conversions in Sabah upon marriage.

Illegal Immigrants

Conversions aside, Mustapha denied that he was the main person behind the influx of illegal immigrants in Sabah. He claimed that as chief minister before 1976, he only allowed 1, 200 Sulu refugees from the Philippines to enter Sabah.

He lamented that a letter on this authorisation was used repeatedly, 1, 200 people at a time, to allow thousands to enter the territory and secure the IMM13 pass which ensures legal residence.

IMM13 holders don’t need a work permit. Banks however do not accept the document to open an account. Those affected keep their savings in gold.

Other snippets from the aborted Mustapha Memoirs, worth recalling, may make useful reading.

He prided himself on his command of English and wondered why local graduates were lacking in the language. He began life as an office boy after dropping out in Year 1 in Sabah.

Sequerah said that Mustapha was born on a nearby island in the Philippines.

Mustapha confirmed that Orang Asal leader Donald Stephens never wanted Malaysia. The latter visited the Suluk leader in London, where the Year 1 dropout was attending a short course in the English language. They discussed independence for North Borneo.

Mustapha cautioned that the British would never agree. In retrospect, as related by Mustapha, he called Tunku Abdul Rahman when Malaya was about to get independence on 31 Aug 1957.

Tunku felt that North Borneo could not join the Federation of Malaya since the former territory “was so far away” and besides it was not in the peninsula.

Malaysia

In 1962, at the Foreign Correspondents Club in Singapore, Tunku disclosed the plans for Malaysia which covered North Borneo, Sarawak, Brunei, and Singapore as well. Ironically, Mustapha from the Philippines may have been the real Father of Malaysia.

He may have been worried about the future of the local Muslim community in a territory which was 80 per cent non-Muslim. Malaysia may have been Mustapha’s idea of ensuring that the Muslims had a place in the sun after the British left Sabah.

The term Sabah, said Mustapha, was a kind of banana. The Datu (traditional chiefs) from Sulu saw many Sabah plants in the Lahad Datu area where they first landed.

They called the place Sabah. The Sulu sultanate’s claim to Sabah refers to the Lahad Datu area and by extension to Tawau and the eastern seaboard stretching northwards beyond Sandakan.

Tunku wasn’t very happy with the close relationship between Mustapha and Stephens. He cautioned that Stephens would one day kill Mustapha “politically”.

The caution followed Mustapha turning up in Kuala Lumpur and proposing that Stephens be sent to Australia as High Commissioner.

Mustapha got the idea after he saw Stephens walking in town, one day, near the Capital Hotel in Kota Kinabalu. The Suluk leader stopped his car and offered to send Stephens home.

On the way, they discussed Stephen’s proposed appointment.

In 1976, Stephens returned from Australia and led the Berjaya Party to victory over Mustapha’s Usno (United Sabah National Organisation).

Usno, in recent days, joined the ruling Gabungan Rakyat Sabah (GRS) coalition.

The Mustapha biography may finally be out. I haven’t read it. – New Malaysia Herald

About the writer: Longtime Borneo watcher Joe Fernandez keeps a keen eye on Malaysia as a legal scholar (jurist). He was formerly Chief Editor of Sabah Times. He’s not to be mistaken for a namesake previously with Daily Express. References to his blog articles can be found here.

The points expressed in this article are that of the writer and do not necessarily reflect the stand of the New Malaysia Herald.

The post Memoirs By Malaysian Politicians No True Confessions first appeared on NMH.

Kota Kinabalu – Minister in the Prime Minister’s Department (PMD), Dr Abd Latiff Ahmad is leading a Promotion and Selling Mission of Bumiputera Sabah products to the United Kingdom (UK) from 09-16 May 2022.

This marks the minister’s second-in-person promotion mission since the onset of the global Covid-19 pandemic.

This mission will also feature a two-week Taste of Sabah promotion at eleven well-known Asian restaurants in London, and an MOU signing ceremony between Kristal Handal Sdn Bhd, a subsidiary of Yayasan Sabah Group with several wholesalers/distributors and online retailers in the UK and France.

“The United Kingdom and France are markets that offer significant growth and immense opportunities for business collaborations.

“I am delighted to lead this promotion of Taste of Sabah to spur more opportunities for the Made in Sabah products to mark their presence in the UK market,” said Abd Latiff.

The mission, organised by Kristal Handal Sdn Bhd is one of the initiatives planned in conjunction with the implementation of the Global Entrepreneur One Stop Centre (GLOPEC) Programme funded under the Dana Pembangunan Bumiputera (DPUB) TERAJU programme to drive the development of SMEs, especially the Bumiputera community in Sabah.

GLOPEC is a platform established through a strategic partnership between Yayasan Sabah Group and Bumiputera Affirmative Action Unit under the PMD (TERAJU) to assist Sabah SMEs in growing their business operations and connecting them to a more extensive network of global suppliers, importers, and distributors.

“PMD’s goal through TERAJU is to help the B40 and M40 entrepreneurs extend their footprints into larger markets such as regional and global markets.

“This mission is a vital step in the right direction to ensure GLOPEC and participating Sabah entrepreneurs can network, learn about business opportunities, and build stronger bridges to grow their businesses, create jobs, and benefit the community for a more sustainable and inclusive business model” Abd Latiff added.

Director of Yayasan Sabah and Executive Chairman of Innoprise Corporation Sdn Bhd, Ghulam Haidar @Yusof bin Khan Bahadar who will also join the trade mission said, “Yayasan Sabah is committed to supporting SME entrepreneurs as they respond to the global economic disruptions caused by Covid-19. Through the mission, we will enhance Made in Sabah products’ visibility and take vigorous efforts to engage wholesalers/distributors and online retailers in the UK and France.”

Other members of this mission include the CEO of TERAJU, Md Silmi Abd Rahman, officials from TERAJU, Yayasan Sabah Group and Kristal Handal Sdn Bhd, as well as Sabah entrepreneurs.

This mission centres around a week trip designed to promote Made in Sabah products to the UK and other European markets. The delegation has a unique opportunity to meet in person with prospective wholesalers, distributors, or online retailers. – New Malaysia Herald

.

The post Sabah SME Products Promoted in UK, EU Markets first appeared on NMH.

Mountain guide Joeythine Musin, 29, said he and a group of climbers were descending from the summit of the mountain when they felt the tremors for a few seconds.

Luckily, he said the earthquake was weak and the tremors were not followed by falling rocks.

“Yes, I was descending from the summit with several climbers and we felt the tremors, but there were no falling rocks,” he said when contacted through WhatsApp on Tuesday.

Meanwhile, the head of Panabalan substation at Kinabalu Park, Julaimin Kamin, said the situation at the Sayat-Sayat checkpoint and the Panabalan Complex at Mount Kinabalu was totally under control after the quake.

“There are 104 climbers scheduled to scale the mountain today and 110 others did that yesterday,” he said.

Bundle item seller Nordiana Zuhaidi, 34, said she was in her shop when she felt the tremors which lasted only a few seconds.

“It was so quick. I was shocked but not panicked as everything was fine,” she said.

According to the Sabah Fire and Rescue Department spokesman, no distress calls were received from villagers following the earthquake.

“Yes, the tremors were felt here, but no emergency calls were received. Nevertheless, residents and villagers are advised to be vigilant and to always take precautionary measures for their safety,” he added.

It was reported earlier that a weak earthquake, with a magnitude of 3.7 on the Richter scale occurred in Kundasang, Sabah, at 9.28am Tuesday.

According to a statement from the Malaysian Meteorological Department (MetMalaysia), the quake was detected 14km north-west of Ranau, Sabah, at a depth of 10km. – Bernama

The post Kundasang Quake: Tremors Felt On Mount Kinabalu first appeared on NMH.