THE Sarawak State Election 2016 has just been concluded.
It was an overwhelming victory for the state Barisan Nasional (BN) – close to a clean sweep which even the major opposition such as DAP and PKR had to concede.
It was not because of the Prime Minister Datuk Seri Najib Tun Razak factor and not because of the Sabah and Peninsular Malaysia BN contingents practically camping in Sarawak.
It was because of the undercurrents spreading throughout the state which increased the people’s expectation, causing a massive political paradigm shift occurring throughout the state.
The state election is not the politics of race, religion, development, unity, corruption, mismanagement of the country but about Chief Minister Datuk Patinggi Tan Sri Adenan Satem and his call for autonomy based on the Malaysia Agreement, 1963.
The history of the formation of Malaysia is practically absent from the national education curriculum for the last five decades without any reason given.
Most Malaysians are clueless about the Malaysia Agreement 1963, having no idea that Malaysia was established based on the protection and safeguards for Sabah and Sarawak and these were agreed upon by the Malaya Parliament on Aug 20, 1963 and incorporated into the Malaysia Constitution.
Unfortunately, these protection and safeguards were never honoured by Putrajaya for the last five decades.
Putrajaya continues to pillage and plunder Sabah and Sarawak oil and gas wealth, choking the economy of the two states with the national cabotage policy and making them marginalised from the national mainstream development.
These are the sentiments that the people in Sarawak have and they put their trust on Adenan and not BN.
In fact the ‘help’ given by the BN campaigners from Peninsula and Sabah was not really helping Adenan, but making Adenan’s campaign much harder, especially in urban areas – making DAP retain the seven urban seats.
Most of the non-state BN campaigners were actually a liability to the state BN, harping on old and tired issues such as development, unity and goodness of Putrajaya.
The state BN, taking the lead from Adenan, was campaigning on reclaiming Sarawak rights which were agreed in the Malaysia Agreement, 1963 during the formation of Malaysia five decades ago.
Many of the BN campaigners from Peninsula and Sabah were clueless about the Sarawak rights in the Malaysia Agreement, 1963.
The formation of Malaysia, which has been wrongly perceived even at the highest level, was not helping Adenan and the state BN.
And the wrong perception has been corrected by Adenan several times in the print media and television – Sarawak never joined Malaysia, but helped to form Malaysia together with the Federation of Malaya, Sabah and Singapore.
In addition, Najib’s statement that the negotiation for oil and gas royalties would only resume once the global price of oil and gas recovered could have killed off Adenan’s initiative for greater autonomy based on Malaysia Agreement, 1963.
The statement was the single factor which contributed greatly to DAP retaining the seven urban seats because the urban Chinese then may have reservations whether Adenan could deliver on what he has promised to the people of Sarawak for greater autonomy based on Malaysia Agreement, 1963 or that Najib who would be calling the shots.
It was obvious therefore that Adenan’s catchword ‘You ain’t see nothing Yet’ was not so much to the benefit of the opposition, it was more likely a warning shot at the bow of the BN from Peninsula.
Someone should advise Najib that the federal government is no longer the owner of Sabah and Sarawak oil and gas reserves, but belong to the two states.
There is legal maxim ‘Nemo Dat Quod Habet’, meaning ‘no one gives what he doesn’t have’ – certainly the Continental shelf which contained the oil and gas reserves ceased to be owned by the federal government the minute the state of emergency was lifted in 2011.
This was because with the lifting of the state of emergency, both the Continent Shelf Act 1966 and the Petroleum Mining Act 1966 were no longer enforceable in Sabah and Sarawak, therefore the continental shelf was no longer belonging to the federal government to transfer to Petronas.
Without the state of emergency, the Petroleum Development Act 1974 automatically becomes unconstitutional because Article 112 (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 payment’ 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 – as the result the Petroleum Development Act 1974 is unconstitutional.
The federal government may counter argue that Parliament in 2012 passed another Act – the Malaysia Territorial Sea Act 2012.
But then again this Act is unconstitutional, firstly because both the Continental Shelf Act 1966 and the Petroleum Mining Act 1966 were no longer enforceable in Sabah and Sarawak and secondly, in Section 3(3) of this Act, the federal government encroached into state land laws without the consent of the respective state governments.
Parliament in not supreme in Malaysia, only the Constitution is supreme and the Constitution is very clear that land is a state matter, therefore, Parliament cannot simply pass any law that they please.
Adenan is such a gentleman that he prefers to discuss such delicate matter in confidence with the Prime Minister privately.
Unfortunately, after more than five decades Sabahans and Sarawakians are awakening to their rights and their birth rights.
The result of this election clearly shows the people’s trust in Adenan’s leadership and what he wanted to do for Sarawak within the next five years.
Time is not on our side, it is also time for redemption and the people should no longer have any reason to compromise – it is time to call a spade a spade.
It was an overwhelming victory for the state Barisan Nasional (BN) – close to a clean sweep which even the major opposition such as DAP and PKR had to concede.
It was not because of the Prime Minister Datuk Seri Najib Tun Razak factor and not because of the Sabah and Peninsular Malaysia BN contingents practically camping in Sarawak.
It was because of the undercurrents spreading throughout the state which increased the people’s expectation, causing a massive political paradigm shift occurring throughout the state.
The state election is not the politics of race, religion, development, unity, corruption, mismanagement of the country but about Chief Minister Datuk Patinggi Tan Sri Adenan Satem and his call for autonomy based on the Malaysia Agreement, 1963.
The history of the formation of Malaysia is practically absent from the national education curriculum for the last five decades without any reason given.
Most Malaysians are clueless about the Malaysia Agreement 1963, having no idea that Malaysia was established based on the protection and safeguards for Sabah and Sarawak and these were agreed upon by the Malaya Parliament on Aug 20, 1963 and incorporated into the Malaysia Constitution.
Unfortunately, these protection and safeguards were never honoured by Putrajaya for the last five decades.
Putrajaya continues to pillage and plunder Sabah and Sarawak oil and gas wealth, choking the economy of the two states with the national cabotage policy and making them marginalised from the national mainstream development.
These are the sentiments that the people in Sarawak have and they put their trust on Adenan and not BN.
In fact the ‘help’ given by the BN campaigners from Peninsula and Sabah was not really helping Adenan, but making Adenan’s campaign much harder, especially in urban areas – making DAP retain the seven urban seats.
Most of the non-state BN campaigners were actually a liability to the state BN, harping on old and tired issues such as development, unity and goodness of Putrajaya.
The state BN, taking the lead from Adenan, was campaigning on reclaiming Sarawak rights which were agreed in the Malaysia Agreement, 1963 during the formation of Malaysia five decades ago.
Many of the BN campaigners from Peninsula and Sabah were clueless about the Sarawak rights in the Malaysia Agreement, 1963.
The formation of Malaysia, which has been wrongly perceived even at the highest level, was not helping Adenan and the state BN.
And the wrong perception has been corrected by Adenan several times in the print media and television – Sarawak never joined Malaysia, but helped to form Malaysia together with the Federation of Malaya, Sabah and Singapore.
In addition, Najib’s statement that the negotiation for oil and gas royalties would only resume once the global price of oil and gas recovered could have killed off Adenan’s initiative for greater autonomy based on Malaysia Agreement, 1963.
The statement was the single factor which contributed greatly to DAP retaining the seven urban seats because the urban Chinese then may have reservations whether Adenan could deliver on what he has promised to the people of Sarawak for greater autonomy based on Malaysia Agreement, 1963 or that Najib who would be calling the shots.
It was obvious therefore that Adenan’s catchword ‘You ain’t see nothing Yet’ was not so much to the benefit of the opposition, it was more likely a warning shot at the bow of the BN from Peninsula.
Someone should advise Najib that the federal government is no longer the owner of Sabah and Sarawak oil and gas reserves, but belong to the two states.
There is legal maxim ‘Nemo Dat Quod Habet’, meaning ‘no one gives what he doesn’t have’ – certainly the Continental shelf which contained the oil and gas reserves ceased to be owned by the federal government the minute the state of emergency was lifted in 2011.
This was because with the lifting of the state of emergency, both the Continent Shelf Act 1966 and the Petroleum Mining Act 1966 were no longer enforceable in Sabah and Sarawak, therefore the continental shelf was no longer belonging to the federal government to transfer to Petronas.
Without the state of emergency, the Petroleum Development Act 1974 automatically becomes unconstitutional because Article 112 (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 payment’ 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 – as the result the Petroleum Development Act 1974 is unconstitutional.
The federal government may counter argue that Parliament in 2012 passed another Act – the Malaysia Territorial Sea Act 2012.
But then again this Act is unconstitutional, firstly because both the Continental Shelf Act 1966 and the Petroleum Mining Act 1966 were no longer enforceable in Sabah and Sarawak and secondly, in Section 3(3) of this Act, the federal government encroached into state land laws without the consent of the respective state governments.
Parliament in not supreme in Malaysia, only the Constitution is supreme and the Constitution is very clear that land is a state matter, therefore, Parliament cannot simply pass any law that they please.
Adenan is such a gentleman that he prefers to discuss such delicate matter in confidence with the Prime Minister privately.
Unfortunately, after more than five decades Sabahans and Sarawakians are awakening to their rights and their birth rights.
The result of this election clearly shows the people’s trust in Adenan’s leadership and what he wanted to do for Sarawak within the next five years.
Time is not on our side, it is also time for redemption and the people should no longer have any reason to compromise – it is time to call a spade a spade.
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