{"id":13356,"date":"2016-10-29T18:22:06","date_gmt":"2016-10-29T10:22:06","guid":{"rendered":"http:\/\/www.suppnewsportal.com\/main\/?p=13356"},"modified":"2016-10-29T19:51:31","modified_gmt":"2016-10-29T11:51:31","slug":"sabah-and-sarawak-issue-from-a-legal-standpoint","status":"publish","type":"post","link":"http:\/\/www.suppnewsportal.com\/main\/?p=13356","title":{"rendered":"Sabah and Sarawak issue: from a legal standpoint"},"content":{"rendered":"<p>The recent issue that a majority of Sabah and Sarawak MPs supported\u00a0the amendments in 1976, which lumped the Borneo States on the same\u00a0level with other states originally under the Federation of Malaya,\u00a0would still happened despite the objection of even two third of the\u00a0lawmakers at the time.\u00a0 This is because in 1976, the state of\u00a0emergency was still in operations.<\/p>\n<p>Political activist ZainnalAjamain, in a recent published news item,\u00a0commented that the issue was irrelevant.<\/p>\n<p>This is because no matter what, it would have been useless because\u00a0under the state emergency, the Prime Minister can make the decision by\u00a0himself and gazette it without the need to debate the issue in\u00a0Parliament.<\/p>\n<p>Therefore there is no point of bickering who supported it or\u00a0otherwise.\u00a0 The outcome would have been the same.<\/p>\n<p>Zainnal pointed our however that the only issue to point out is the\u00a0fact that former CM Tan Sri Harris Salleh had acknowledged that he was\u00a0not consulted on the matter and the state government under his watch\u00a0did not give any consent to the federal government to make the\u00a0amendment.<\/p>\n<p>Those pointing fingers blaming past leaders for the predicament Sabah\u00a0and Sarawak are facing now should realised that the amendment done was\u00a0unconstitutional and that the Malaysian parliament erred when it\u00a0decided to amend the Article 1(2).<\/p>\n<p>Malaysia practises constitutional supremacy and not parliamentary\u00a0supremacy, and the parliament cannot do as they like.\u00a0 When parliament\u00a0made the changes by passing a law without abiding to procedures set\u00a0out, such law is illegal and not enforceable.<\/p>\n<p>This requirement is even more important when it comes to Sabah and\u00a0Sarawak as both states are protected by the Inter-Governmental Report\u00a0and the Malaysia Agreement 1963.\u00a0 \u00a0The approval and consent from both\u00a0the states are necessary for any changes in the Constitution.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The recent issue that a majority of Sabah and Sarawak MPs supported\u00a0the amendments in 1976, which lumped the Borneo States on the same\u00a0level with other states originally under the Federation of Malaya,\u00a0would still happened despite the objection of even two third of the\u00a0lawmakers at the time.\u00a0 This is because in 1976, the state of\u00a0emergency was still in operations. Political activist ZainnalAjamain, in a recent published news item,\u00a0commented that the issue was irrelevant. This is because no matter what, it would have been useless because\u00a0under the state emergency, the Prime Minister<a href=\"http:\/\/www.suppnewsportal.com\/main\/?p=13356\" class=\"read-more\">Read More<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1,7],"tags":[],"_links":{"self":[{"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/posts\/13356"}],"collection":[{"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13356"}],"version-history":[{"count":1,"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/posts\/13356\/revisions"}],"predecessor-version":[{"id":13357,"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/posts\/13356\/revisions\/13357"}],"wp:attachment":[{"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13356"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13356"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13356"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}