Thursday, July 14, 2016

FELDA broke its contract with the Sabah State Government

Sabah supposed to be excluded
Published on: Tuesday, July 12, 2016
Kota Kinabalu: Parti Cinta Sabah (PCS) on Monday supported the call by former Chief Minister Tan Sri Harris Salleh to ask the Sabah Government to take back the 300,000-acre Felda scheme in Lahad Datu over breach of agreement. "The settlement scheme developed by Felda is tantamount to a giveaway of critical lands which were initially meant for landless Sabahans," said its President Datuk Seri Wilfred Bumburing (pic) in a press statement.
"The bottom line is the eventual issuance of land titles to the settlers after the full payment of the portion of the development expenditure by way of deduction from the proceeds of FFB from their individual lots.
"The plantation is now being replanted indicating that the oil palm trees had been about 25 years and the loan definitely been fully paid and the individual titles should have been issued to the settlers," he said.
Bumburing said when he was in the then PBS State Government, he was involved in the recruitment of settlers in the Felda scheme where he chaired the committee who travelled around the State interviewing potential settlers.
He also represented the State Government in the National Land Council chaired by then Deputy Prime Minister Tun Ghafar Baba (during Tun Dr Mahathir's premiership).
"In one of the meetings, he announced the corporatisation of Felda land and instead of getting individual titles, the settlers would be shareholders of the new company. I protested and reminded Ghafar that this cannot be applied to Sabah because there is an agreement between the State Government and Felda and the settlers had to be given their titles.
"Ghafar assured the Council that the corporatisation exercise would not apply to Sabah.
So I was shocked to read Harris' statement (in the Daily Express) that the Sabah scheme had now been corporatised," he said.
He said he later learned that among the reasons for the corporatisation exercise was the political leaning of the settlers in Malaya towards the opposition, particularly PAS, and the only way to control them was by making them only shareholders of the scheme (instead of eventual landowners).
The question that arose, he said, is whether the agreement had been revoked and did the Sabah Government agree to it.
There is also unverified information that Felda had developed more acreage than what had been stipulated in the agreement which is about 250,000 acres in the Sahabat scheme.
"If this is true, then Felda needs to explain the issue on the income earned from this 'free' area.
It is also a known fact that many non-citizens have been hired to work on the plantation and some are rumoured to have occupied lands around the scheme," he said.
On Felda's contribution to Sabah's development, Bumburing said it cannot be denied that there is no visible development project that Felda had undertaken in Sabah. The State is in dire need of good infrastructure and the State Government should demand that Felda plough back some of the big profits they earned into the development.
"There, is however, talk about some contribution by Felda to Sabah through a Federal Ministry but the people are not duly informed as to how the contribution was utilised. "If Felda had breached the agreement, I agree with Harris that the land be taken back by the State Government and the lots given to the Sabahan settlers," he said.
Harris had said that the State Government should demand at least RM21 billion from the over RM30b that the Federal agency reaped from Sabah over the last 30 years, comprising 70pc share being the landowner and 30pc for Felda's management.
If Felda disagrees, then the next course of action should be claiming back the 300,000 acres it acquired from Sabah and redistribute it to the many landless Sabahans for flouting the agreement that it (Felda) signed with the then Berjaya Government that he (Harris) headed. Harris said that under the agreement Felda was obliged to cultivate the land with oil palm and hand them over to the settlers at 15 acres each, as was the vision of Felda's initiator, late Prime Minister Tun Abdul Razak.
Harris said Felda only respected the agreement while Berjaya was in power, suggesting that it took advantage of the fall of Berjaya in 1985 to drastically change the agreement by making the settlers not the eventual landowners but mere employees, thus causing many settlers to feel cheated and leave. They were then replaced by foreign workers from a neighbouring country.

 http://www.dailyexpress.com.my/news.cfm?NewsID=111237

Monday, June 13, 2016

Emergency Rule was used to violate Malaysia Agreement to Rob Sabah

After the death of Tun Fuad, Malaysia Agreement was violated in the open by the imposition of the Emergency Rule which can be disputed. How can an emergency be used to violate an International Agreement? Now that the forever emergency rule was officially lifted, all these amendments to the constitution should be invalidated.

Sabah NGO wants Double Six air crash report made public

 | June 7, 2016
Perpaduan Anak Negeri Sabah (PAN Sabah) sees no closure on the Stephens air crash as long as the investigation report is kept under wraps and the people of Sabah and the families of the victims are denied the truth.
Perpaduan Anak Negeri Sabah (PAN Sabah)
KOTA KINABALU: Perpaduan Anak Negeri Sabah (PAN Sabah), an Orang Asal NGO, has urged the Sabah Government to demand that the Federal Government make public the classified report on the 40-year-old crash, Double Six or 66, which took the lives of then Sabah Chief Minister Fuad Stephens and his Cabinet on 6 June 1976.
PAN, in the same statement, also said that it’s still waiting for the Sabah Government to take a stand on the Malaysia Agreement 1963 (MA63) just as the Sarawak Government has done. “We commend the Sarawak Government for its declared commitment to seek for the restoration of MA63,” said Esther Golingi who signed the statement on behalf of PAN Sabah in conjunction with the Double Six anniversary day.
“Our sovereignty and wealth must be restored.”
The NGO cannot understand why the investigation report on the air crash was still classified 40 years after 6 June 1976. Stephens and the others with him perished in the air crash just as they were about to land in Kota Kinabalu after a short hop from Labuan. “The people of Sabah and the families of the victims have the right to know why the crash happened,” said Golingi. “We need to bring closure to this tragedy.”
The NGO sees no closure on Double Six as long as the investigation report was kept under wraps and the people of Sabah and the families of the victims are denied the truth.
PAN Sabah, in recalling the events since 1976, said the state has been on a downward spiral ever since Stephens and several top leaders perished in the “mysterious” air crash.
The statement went on to cite various instances of the worst to come for Sabah.
Firstly, just eight days after the crash, the new Chief Minister signed the Oil Agreement with Petronas, agreeing to accept only 5 per cent cash payment per annum, and waiving oil royalties due under Section 24 of the Sabah Land Ordinance.
Secondly, the Federal Parliament amended Article 1(1) of the Federal Constitution on 13 July 1976 and downgraded Sabah and Sarawak from their status as equal nations with Malaya to being the 12th and 13th states in the Malayan Federation, now known as Malaysia.
Thirdly, the status of the Sabah Governor as Head of Nation (Yang Di Pertua Negara) was downgraded by the Sabah Assembly on 16 August 1976, in violation of the 20 Points, to Yang Di Pertua Negeri (head of a constituent state).
“Since the lifting of the state of emergency on 24 November 2011, three Acts have ceased to have effect and the oil and gas resources of Sabah and Sarawak return to the Governments of the two Borneo nations,” said Golingi. “The Federal Government and Petronas no longer have any rights in our territorial waters.”
“The North Borneo (Alteration of Boundaries) Order in Council 1954 reverts back to Sabah. The ownership of the territorial waters extend to 180 km as provided for under the 1954 Order in Council.”
She referred to the three Acts as the Territorial Sea Act 2012, the Continental Shelf Act 1966, and the Petroleum Mining Act 1966.

 http://www.freemalaysiatoday.com/category/nation/2016/06/07/sabah-ngo-wants-double-six-air-crash-report-made-public/

Monday, May 16, 2016

Unconstitutional Petroleum Acts in Sabah and Sarawak

http://www.dailyexpress.com.my/news.cfm?NewsID=109690


'Oil remark prevented clean sweep'
Published on: Friday, May 13, 2016
Kota Kinabalu: Sarawak BN's failure to make a clean sweep during the state election may have been due to the Prime Minister stating negotiations for oil and gas royalties would only resume once the global price of the commodity recovered. "Such statement could have easily killed off Chief Minister Tan Sri Adenan Satem's initiative for greater autonomy based on the Malaysia Agreement 1963. This statement was the single factor which contributed greatly to DAP retaining the seven urban seats in Sarawak," claimed political activist Zainnal Ajamain.
He said because of this statement, urban Chinese may have had reservations whether Adenan could deliver on what he had promised to Sarawakians for greater autonomy based on the Malaysia Agreement 1963 or that it would be the Prime Minister who would be calling the shots.
"Someone should advise the Prime Minister that the Federal Government is no longer the owner of Sabah and Sarawak oil and gas reserves; they belong to the respective states.
"There is a legal maxim Nemo Dat Quod Non Habet meaning 'no one gives what he doesn't have'.
The Continental Shelf which contains the oil and gas reserves ceased to be owned by the Federal Government the minute the state of Emergency was lifted in 2011," he said.
Zainnal further explained that with the lifting of the state of Emergency, both the Continental Shelf Act 1966 and the Petroleum Mining Act 1966 are no longer enforceable in Sabah and Sarawak and therefore the Continental Shelf was no longer the Federal Government's to transfer to Petronas.
Without the state of Emergency, he said the Petroleum Development Act 1974 automatically becomes unconstitutional because Article 112C(4)(b) of the Constitution clearly states that Parliament cannot be used to restrict Sabah and Sarawak from imposing royalty.
"Section 4 of the Petroleum Development Act 1974 provides that the corporation (Petronas) can only make 'Cash Payments' which also means it cannot pay 'Royalty'.
"Therefore, it is very clear Parliament was used to pass the Petroleum Development Act 1974 to restrict Sabah and Sarawak from imposing royalty on its own oil and gas and as a result, the Petroleum Development Act 1974 is unconstitutional," he said.
A usual counter-argument from the Federal Government may be that in 2012, Parliament passed the Malaysia Territorial Sea Act 2012. However, that Act is also unconstitutional, he said.
Zainnal said this is because both the Continental Shelf Act 1966 and Petroleum Mining Act 1966 are no longer enforceable in Sabah and Sarawak and secondly, in Section 3(3) of the Malaysia Territorial Sea Act 2012, the Federal Government encroached into State land laws without the consent of the respective State government.
Parliament, he said, is not supreme in Malaysia as only the Constitution is supreme and under the Constitution, it is very clear that land is a State matter and therefore Parliament cannot simply pass any law that they please.
"Perhaps Adenan is such a gentleman that he prefers to discuss such delicate matters in confidence with the Prime Minister privately.
"Unfortunately, I have no such restrictions. After more than five decades, Sabahans and Sarawakians are awakening to their rights and their birth rights and the result of this election clearly shows the people's trust in Adenan's leadership and what he wanted to do for Sarawak within five years.
"Time is not on our side. It is also time for redemption, we should no longer have any reason to compromise.
It is time to call a spade, a spade," he said.

Thursday, November 5, 2015

How can you Malaysia exist without it being formed first?

How can you Malaysia exist without it being formed first?
Sabah and Sarawak formed Malaysia and later federated with the other States. Nothing special about that.


 http://www.dailyexpress.com.my/news.cfm?NewsID=104268

Kota Kinabalu: A Kota Kinabalu-based legal consultant-cum- economist claims both Sabah and Sarawak did not form Malaysia – as propagated by politicians from both the Borneo states – but actually joined.
Jeremiah Yee said the proof of his argument is "conspicuous by the wordings in Article 1 of the Malaysia Agreement" which states: "… shall be federated with the existing states of the Federation of Malaya … and the Federation shall thereafter be called Malaysia"
"In Section 1 of the Malaysia Act that was passed by the British parliament on 31 July 1963, it was also undisguised: "… to federate with the existing states of the Federation of Malaya (in this Act referred to as the Federation), the Federation thereafter being called Malaysia …"
"In a nutshell, it is crystal clear that there was no new Federation but an old one called Malaya which was later renamed Malaysia," Yee said.
He also said Deputy Chief Minister Tan Sri Joseph Pairin Kitingan should advise the Sabah and Sarawak governments to jointly sue the British and Malaysian governments in a London court, instead of blaming the British.
"If Pairin thinks the British government should be held accountable for the deterioration in Sabah including seeking interpretation of the safeguards in the Malaysia Agreement, he should sue in a London court, since the Malaysia Agreement was inked by their predecessors there in 1963," he said.
He was commenting on Pairin's blaming of the British Government when debating the National Budget 2016 in Parliament, recently. Among the perennial issues which continue to plague Sabah today include the interpretation of the Malaysia Agreement 1963, and the 40pc revenue entitled to Sabah, under the 48th Schedule in Inter-Governmental Committee Report that has not been reviewed since 2004.
The Malaysia Agreement was signed in London on 9 July 1963 and is a legitimate document in spite of overwhelming evidence suggesting otherwise, he said.
To substantiate this, he pointed out that when the governments of Britain, Malaya, Singapore, Sabah, and Sarawak signed the Malaysia Agreement in London on 9 July 1963, the governments of Sabah and Sarawak were actually still at that material time British colonial governments.
On another matter that crops up every year in August that Sabah gained independence on 31 August 1963, Jeremiah opined that this is also not true, citing that "self-government" is not independence as the British flag "Union Jack" was only lowered for the final time in Jesselton at midnight of 16 September 1963.
The departure of the last British Governor from Sabah took place in the morning after the Proclamation of Malaysia was announced in the town padang (now Padang Merdeka).
"Succinctly, there was never any formal declaration of independence on 31 August 1963 for Sabah even though there were shouts of "Merdeka" in the town padang on 16 September 1963, but "Merdeka" from what when only Malaysia was proclaimed?" he contended.
As much as he concurred with Pairin's lamentation that the formation of Malaysia was done in a hurry, Jeremiah nonetheless pointed out that after the Second World War ended, the British economy both in the United Kingdom and the colonial empire was so drained to an extent that it could barely sustain existing commitments then, let alone meet new ones.
"The only justifiable and viable thing for Whitehall to do at that time was to let go of their colonies to new masters or local actors under the guise of 'Merdeka' so that they could dispose of their assets and businesses which include among others mines and estates and bring the money back to mother England.
Jeremiah further opined that the Malaysia Project of the British government was short-sighted, carelessly co-ordinated, inadequately designed, and poorly executed, to say the least.
"For one among many indicators, look no further than the controversial 20-Points which have remained a unilateral list of political demands largely unmet after 52 years," he cited.
On the 40pc entitlement from the net collection of federal revenue from Sabah by the Federal government which has not been paid for decades, a large portion of the claim, save for only a few years back, Jeremiah opined that there's nothing much the State government could do as, it is actually statutorily-barred.
"For this fiasco alone, who is to be blamed – the British government or the government of Sabah? To me the answer is the latter because out of ignorance it did not pursue the matter with the Federal government which also conveniently kept quiet.
"For so many administrations under numerous chief ministers of which some held the stewardship for 9 years or more and even set up think-tank and paid high salary to its members for advising the Sabah government, what happened?" he asked.

Saturday, October 24, 2015

More Discriminatory Budget for Sabah and Sarawak

29 billion RM out of 267 billion RM for the 2016 Malaysian budget.\
That is only 11% for both Sabah and Sarawak which has a population of 20% of Malaysia and around 50% of the total area.

This is the standard practise of distirbuting money in Malaysia, Sabah and Sarawak together, always given around 10%, even for welfare fund. This is despite Sabah, alone, has 40% of the poor people in Malaysia. No wonder, with such discriminatory budgeting, Sabah will become even poorer.

 http://www.themalaymailonline.com/malaysia/article/budget-2016-goes-down-well-with-sabah-sarawak



October 23, 2015. — Picture by Yusof Mat IsaKUCHING, Oct 23 — Consumer Voice Association of Sarawak (Covas) vice president Philip Ng said Covas was relieved by the measures taken in Budget 2016 to address the rising cost of living.
Citing an example, he said the 1Harga 1Sarawak and 1Harga 1Sabah iniative would ensure uniformity of prices for selected goods throughout the country besides the exemption on the Goods and Tax for several types of medicine. 
He also lauded the minimum wage hike from RM900 to RM1,000 a month for Peninsular Malaysia and from RM800 to RM920 for Sabah, Sarawak and Labuan from July next year.
In Kota Kinabalu, Universiti Malaysia Sabah (UMS) Faculty of Economics, Business and Accounting senior lecturer Dr Sarmah Aranas said the RM260 million allocation to implement the 1Harga 1Sabah and 1Harga 1Sarawak programme would do justice to consumers in the two states as they would get to enjoy fair prices. 
“It could be the difference in prices is due to transportation costs. So the allocation will act as an incentive to the companies involved to streamline prices,” she during a “live” cross-over from the RTM studio here.
Describing the 2016 Budget as an excellent budget as far as Sabah and Sarawak were concerned, activist Kanul Gindol said the RM29.2 billion allocated for the two states would help spread more development projects. 
“It would spur development, businesses and wealth-creating activities, more so if local contractors are engaged in all the development projects in Sabah and Sarawak, something the two states’ leadership have been fighting for for years,” he said In Sibu, Engkilili assemblyman Johnical Rayong Ngipa said the RM70 million allocation to provide interest-free loans to build longhouses for the Dayak community would go a long in helping members of the community. 
Under the scheme, a maximum of RM50,000 will be made avalaible per longhouse.
Meanwhile, Sarawak United People’s Party (SUPP) president Senator Datuk Dr Sim Kui Hian said he was glad to see the continued refinement of the GST with more GST zero rating for medicine and food items introduced, apart from various improvements in salaries and pensions of civil servants specifically to address the issue of rising cost of living.
Describing the 2016 Budget as “a challenging budget” in the context of slump in oil prices internationally, he said Sarawak received many advantages in the budget such as interest-free loans for the longhouses construction, commitment to the toll-free Pan Borneo highway and the 1Harga 1Sarawak dan 1Harga 1Sabah programme.
He also lauded the move to exempt Goods and Service Tax (GST) for flight tickets involving Rural Air Services (RAS). — Bernama

KUCHING, Oct 23 — Consumer Voice Association of Sarawak (Covas) vice president Philip Ng said Covas was relieved by the measures taken in Budget 2016 to address the rising cost of living.
Citing an example, he said the 1Harga 1Sarawak and 1Harga 1Sabah iniative would ensure uniformity of prices for selected goods throughout the country besides the exemption on the Goods and Tax for several types of medicine.
He also lauded the minimum wage hike from RM900 to RM1,000 a month for Peninsular Malaysia and from RM800 to RM920 for Sabah, Sarawak and Labuan from July next year.
In Kota Kinabalu, Universiti Malaysia Sabah (UMS) Faculty of Economics, Business and Accounting senior lecturer Dr Sarmah Aranas said the RM260 million allocation to implement the 1Harga 1Sabah and 1Harga 1Sarawak programme would do justice to consumers in the two states as they would get to enjoy fair prices.
“It could be the difference in prices is due to transportation costs. So the allocation will act as an incentive to the companies involved to streamline prices,” she during a “live” cross-over from the RTM studio here.
Describing the 2016 Budget as an excellent budget as far as Sabah and Sarawak were concerned, activist Kanul Gindol said the RM29.2 billion allocated for the two states would help spread more development projects.
“It would spur development, businesses and wealth-creating activities, more so if local contractors are engaged in all the development projects in Sabah and Sarawak, something the two states’ leadership have been fighting for for years,” he said In Sibu, Engkilili assemblyman Johnical Rayong Ngipa said the RM70 million allocation to provide interest-free loans to build longhouses for the Dayak community would go a long in helping members of the community.
Under the scheme, a maximum of RM50,000 will be made avalaible per longhouse.
Meanwhile, Sarawak United People’s Party (SUPP) president Senator Datuk Dr Sim Kui Hian said he was glad to see the continued refinement of the GST with more GST zero rating for medicine and food items introduced, apart from various improvements in salaries and pensions of civil servants specifically to address the issue of rising cost of living.
Describing the 2016 Budget as “a challenging budget” in the context of slump in oil prices internationally, he said Sarawak received many advantages in the budget such as interest-free loans for the longhouses construction, commitment to the toll-free Pan Borneo highway and the 1Harga 1Sarawak dan 1Harga 1Sabah programme.
He also lauded the move to exempt Goods and Service Tax (GST) for flight tickets involving Rural Air Services (RAS). — Bernama
- See more at: http://www.themalaymailonline.com/malaysia/article/budget-2016-goes-down-well-with-sabah-sarawak#sthash.bBI8t514.dpuf
KUCHING, Oct 23 — Consumer Voice Association of Sarawak (Covas) vice president Philip Ng said Covas was relieved by the measures taken in Budget 2016 to address the rising cost of living.
Citing an example, he said the 1Harga 1Sarawak and 1Harga 1Sabah iniative would ensure uniformity of prices for selected goods throughout the country besides the exemption on the Goods and Tax for several types of medicine.
He also lauded the minimum wage hike from RM900 to RM1,000 a month for Peninsular Malaysia and from RM800 to RM920 for Sabah, Sarawak and Labuan from July next year.
In Kota Kinabalu, Universiti Malaysia Sabah (UMS) Faculty of Economics, Business and Accounting senior lecturer Dr Sarmah Aranas said the RM260 million allocation to implement the 1Harga 1Sabah and 1Harga 1Sarawak programme would do justice to consumers in the two states as they would get to enjoy fair prices.
“It could be the difference in prices is due to transportation costs. So the allocation will act as an incentive to the companies involved to streamline prices,” she during a “live” cross-over from the RTM studio here.
Describing the 2016 Budget as an excellent budget as far as Sabah and Sarawak were concerned, activist Kanul Gindol said the RM29.2 billion allocated for the two states would help spread more development projects.
“It would spur development, businesses and wealth-creating activities, more so if local contractors are engaged in all the development projects in Sabah and Sarawak, something the two states’ leadership have been fighting for for years,” he said In Sibu, Engkilili assemblyman Johnical Rayong Ngipa said the RM70 million allocation to provide interest-free loans to build longhouses for the Dayak community would go a long in helping members of the community.
Under the scheme, a maximum of RM50,000 will be made avalaible per longhouse.
Meanwhile, Sarawak United People’s Party (SUPP) president Senator Datuk Dr Sim Kui Hian said he was glad to see the continued refinement of the GST with more GST zero rating for medicine and food items introduced, apart from various improvements in salaries and pensions of civil servants specifically to address the issue of rising cost of living.
Describing the 2016 Budget as “a challenging budget” in the context of slump in oil prices internationally, he said Sarawak received many advantages in the budget such as interest-free loans for the longhouses construction, commitment to the toll-free Pan Borneo highway and the 1Harga 1Sarawak dan 1Harga 1Sabah programme.
He also lauded the move to exempt Goods and Service Tax (GST) for flight tickets involving Rural Air Services (RAS). — Bernama

- See more at: http://www.themalaymailonline.com/malaysia/article/budget-2016-goes-down-well-with-sabah-sarawak#sthash.bBI8t514.dpuf

Friday, August 21, 2015

International Agreement is only fairly enforceable overseas: Bid on Borneonisation ruling thrown out

However, we must take the case to the highest court in Malaysia first before we can take to international courts, as shown by German Telekom vs Celcom.
 
Malaysia agreement is an International Agreement. We can make money out of it.
Sabahans only. We can extract compensation from both State and Federal governments.
 
 
http://www.dailyexpress.com.my/news.cfm?NewsID=102581
 
Bid on Borneonisation ruling thrown out
Published on: Friday, August 21, 2015

Kota Kinabalu: An attempt by two former civil servants to get a ruling on the Borneonisation policy failed when the apex court threw their case out. They failed to get leave from the Federal Court to challenge the Court of Appeal's decision to overturn the High Court's ruling in relation to the Borneonisation policy in the civil service.
Chief Justice of Malaya Justice Tan Sri Zulkefli Ahmad Makinudin together with Justices Tan Sri Suriyadi Halim Omar, Tan Sri Ahmad Haji Maarop dismissed Bernard Fung's and Mohd Nazib Maidan Dally's application for leave to appeal, Thursday, after hearing arguments from their counsel and the respondents.
Former policeman Fung, 72, of Inanam and former teacher Nazib, aged 37, of Sipitang had sought to obtain leave from the Federal Court following a Court of Appeal decision to overturn a High Court ruling that they have the locus standi to take the Federal and Sabah governments to court to implement the Borneonisation of the civil service as promised in the Malaysia Agreement 1963.
Fung and Nazib had named both the State Government and Federal Government as defendants in their suit at the High Court for failure to fulfil the promise of Borneonisation.
The High Court had on May 26, 2012 ruled that the claim by Fung and Nazib was justiciable and that they have the constitutional rights as Sabahans to do so and have the locus standi to bring the suit against the Federal and State government.
On Feb. 1, 2013 the Court of Appeal in a majority 2-1 decision overruled the High Court in Kota Kinabalu and held that the people of Sabah do not have the locus standi to sue the Federal and Sabah governments in a court of law.
The Appellate Court in its majority judgement said it agreed with the appellant (government) that the Borneonisation of the Federal public services in Sabah concerns a matter of policy within the purview of the executive arm of the government and in which only the Government of Malaysia had the exclusive information and knowledge.
Hence, the Appellate Court ruled that the Borneonisation policy was a non-justiciable matter and viewed that the duo did not have any cause of action against the Government of Malaysia and, therefore, their originating summons was unmaintainable, vexatious and an abuse of the judicial process.
The apex court on Thursday among others held that the applicants (Fung and Nazib) have used the wrong method and should have either filed a judicial review or get the consent of the Attorney General.
The court also questioned the status of the applicants and held that they have no grievance since they had left the service years before filing the suit.
The court said the two applicants would have grievance if they had filed for relief but they abandoned it and continued with their life and only years later filed the suit to impose their right.
The applicants' counsel Ken Yong had earlier submitted that the consent of the Attorney General was irrelevant because the present case was not a class action and that Sabahans or natives of Sabah can anytime go to the court if they see anything wrong with the State in respect of the Malaysia Agreement.
He agreed with the court that the applicants voluntarily left their job but submitted that they were seeking assurance on the undertaking in the Malaysia Agreement which had not been implemented and that they were seeking orders from the High Court.
On the locus standi, Ken submitted that the law was not settled yet and that it was an eminent place for the court to grant so that the issue of locus standi can be argued further and for the court to determine who really has locus standi.
Senior Federal Counsel Shamsul Bolhassan representing the Federal Government submitted the applicants lack locus standi in this case, saying even if they were representing the people of Sabah, they should take up a class action, with the go-ahead of the Attorney General.
He further submitted that the present issue is academic as the applicants had left the service voluntarily in 1980 and 2005, respectively, adding that if any action is to be taken, they should do so via judicial review. He applied for the leave application to be dismissed.
State counsel Mohd Ikhwan Ramlan who appeared together with Senior State Counsel DgKu Fazidah Pg Bagul in representing the State government adopted the SFC's submissions.
SAPP President Datuk Yong Teck Lee and several of the party's top officials were in court to support the Borneonisation case.

Monday, April 13, 2015

Dr. Puyok's View About Malaya Existed Since 1963, making Sabah Poorest

http://www.themalaysianinsider.com/sideviews/article/sabah-sarawak-not-colonised-by-malaya-dr-arnold-puyok

This view had existed since 1963, but it has brought only poverty to Sabah, from the richest in Malaysia to the poorest, and still the poorest to this day. May have improved from 24% to 8% using crooked  methods, but using the same measure, Sabah is still the poorest, a long way after Perlis.

This is the undeniable fact.

The definition of colonisation is very clear, the interest is only in exploiting resources from Sabah, but not its development. This policy is clearly stated by Malayan pilicy makers, and still proceeded, unchallenged by people like this Dr. Puyuk.

The solution is very simple. Respect the Malaysia Agreement. If you don't know what it is, refer to DorisYapp of SSKM.

 Another very clear proof is that Sabah has never been considered as Malaysia, to this day. And I don't talk to uneducated Malayans. All graduates, even with PhD. One, my boss, with a Sabahan wife, even mentioned Sabah as not Malaysia.

Even openly and publicly. 31st of August has nothing to do with Malaysia and Sabah. Only Malaya. If any idiot still thinks that Sabah got its independence on the 31st, better read the real declaration of Malaysia, and see the pictures of the Governor at Jesselton point.

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