Friday, February 28

MPKKP void under FC, illegal under State ordinances

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Miri community leaders hold up banners to protest against MPKKP on Nov 19.

1. WHY and how Federal proxies of MPKKP are battling against JKKK?

The Federal proxies for Battle Royale have begun to divide, to conquer, to rule Sarawak with more or less promises now of various swifter and direct agricultural and development grants  or programmes which should be channelled constitutionally and legally through the State Government, as a joint effort of an additional Federal aid, if that was the good intention, to the simple, less fortunate and educated, but good natured pastoral villagers.

Sadly, they will bulldoze through the backdoors with intelligent Federal digital ‘tools’ or ‘drones’ of permanent MPKKP (Federal Village Community Management Council) at all costs to usurp JKKK (Village Development and Security) for future ‘local State elections’ and ‘local government [communities]services’ forbidden under Item 4 State List while trying to control DUN and the Head of State for deleterious legislations.

In brief, the target is to ‘take over’ Sarawak’s vast land and local government and administration by all means, forbidden under the 7 entrenched Articles of 95D, 95E(2), 76(1)(b)(c), 76(2), 76(4), Items 4 and 13 of the State List, 9th Schedule, called the (‘7FEs’) and 4 State Protective Ordinances called (‘4POs’), amplified below.

Behold, step by step, if PH were to win the next state election, the hidden agenda would be creeping upon DUN to block the 10 to 15 per cent State Sales Tax (SST), trying to reverse the proven void and illegal PDA1974, the 5 Offending Acts for the serious violations of the  7 FCs and 7 PMs, amplified in Article Part VIII (A)(B)(C) and not to amend the 4 fudged provisions in the FC, which are void ab initio with no legal effect per se under case laws: Marbury vs Madison (1803).

The new agenda will be to control Sarawak’s vast land through infiltrations of MPKKP’s drones to usurp the forbidden’ local government services’ and ‘local government elections’ and reamend the Land Code 1958 and Native Law and Adat, by passing damaging provisions in the FC that DUN can waive just as in the case in Sabah on immigration, education, religion and national language, apart from giving away Labuan. BDA land has been on the Federal’s radar for decades including the Federal port on the State land.

In response to the DUN’s unanimous demand of 20 per cent royalty/State Sales Tax (SST) including by DAP and PKR previously and the fundamental restorations of eroded rights, amendments of MA1963 and the Federal Constitution (FC), not on the least important cosmetic proposal on Article I(b) compared, say to Article 2(b) and void and illegal Federal Territories not being ‘States’, the Federal Government has already launched politically high-pressured ballistic missiles with digital-proxy weapons labelled ‘MPKKP’ to uproot JKKK, the legal and constitutional bridge of the State Government.

As expected, the Federal has made the first chess move of cutting off  JKKK’s RM500 allowances for about 6,000 longhouses and others which the State Government has vowed to replenish with RM100 million next year. Then ‘invitation cards’ for the selected few that matter came from IRB, followed by slashings or diversions of earmarked funds for Sarawak under 11 MP projects.

Now, the Federal Government has moved from the battlefields in the Courts to the battlefields in the pastoral ‘Rural Kingdoms’, knowing fully the indefensible, unconstitutional, void and illegal status of PDA1974 on the Sarawak’s oil and gas, the fudged Article 95B(3), Item 8(j) on State Sales Tax on petroleum products, Item 13 on the Native Courts and the senseless definition of ‘Federation’ and other serious violations of the 7 FCs and 7PMs of Sarawak and IGC Report 1962 amplified in Article Part VIII.

The Federal is using its unequaland domineering political and Federal powers with sinews of war with the dramatic irony, namely using the 80-85 per cent O&G revenues from Sarawak against Sarawak and its people. Many of them are caught up in the ‘divided loyalty’ due to the compulsory political alignment of the non-local PH component parties to the PH Federal-led government which wants nothing less than: “Our PH party right or wrong!”

Sadly, Sarawak in exercising its rights has been specifically targeted as the ‘external political enemy’ for Federal PH to consolidate and unite the political disarray of the PH parties in the Peninsula bases, a classic tactical move taken from a page of Sun Tzu’s ‘Art of War’.

If not united, Sarawak will repeat the heart-rending political and constitutional histories of Sabah in Sarawak without any Federal’s compunction and impunity unless the PH Federal Government goading of GPS and the lot to join the Federal Government materializes first in the Federal level, as in the case of PBDS in the 1980’s and then complete the rest at the State level.

But, Sarawak will continue to negotiate, but also move heaven and earth to fight for Sarawak’s values, rights under MA1963 and IGC Report 1962 and its rightful place in history, believing that if one wants peace, one has to prepare for peace, not for war. One would often wonder whether, if ever, Sarawak and Sabah have really been treated as ‘equal partners’ with multiple serious violations of 7PMs and 7FCs  and 4 proven serious fudgings proven by IGC Report 1962 and Malaysia Act 1963 (‘MACT’), ANNEX A to MA1963 as the mother of the supreme Federal Constitution.

Sir Ivor Jennings from Cambridge University who had a hand in drafting this FC would find no reason to check the fudgings of the FC after being printed by the Federal Government.

After the first Tsunami of the void and illegal usurping of Sarawak’s O&G under PDA1974 including fudgings, the Federal proxies of MPKKP will create the second Tsunami waves of the hologram of the Federal ‘neo-colonialism’ with the promises of villages ‘empowerment’ actually intending to encroach and supplant the States’ entrenched rights and authority over the villages and their communities, already catered for under the States’ arms of local government and administration with communities services namely, JKKK, the legacy and bloodline of the Brunei Sultanate, Brookes Tradition and successors.

2. How will the Federal proxies of MPKKP operate?

Below the green canopy of nature of every hue, stretching from the coast to the Heart of Borneo, dotted with sporadic villages, imbued with the quiet, peaceful, stable and harmonious ambience of these small ‘Rural Kingdoms’, are suddenly buzzed with divisive, detrimental, disconcerting and discordant flip-flop music from the flipside of ‘His Master’s voice’ of KL, playing the belligerent marching tune of ‘veni, vidi, vici’ (I came, I saw, and I conquered) from the Federal music boxes.

The operational menu with void and illegal scope of activities that will impinge JKKK’s jurisdiction would need to be ascertained on the grassroots.

However, never before will the longhouses be so divided and uprooted by unfortunate informers or digital ‘spies’, against the closely knitted families and villages, the solidarity, cohesive cultural values of Sarawak that Sarawakians are so proud of.

Alas, seeds of discord, mistrust, confusion filled with aggravated fear will reign in the good-natured longhouses’ dwellers, bombarded with TV decoders disseminating Federal information blended with radiant flux of directives and programmes infringing the rights and duties of the chiefs and headmen of JKKK.

3. What is the MPKKP’s first impact in the villages under JKKK? 

All hell will break loose! But the tragic irony of these Federal proxies born in Sarawak will be well paid from the 80-85 per cent Sarawak’s oil revenues.

They have to fight against their fellow Sarawakians in their own villages, yet still too difficult to refuse on grounds of political alignment and personal financial incentives.

A rude awakening indeed it would be to see the army of apparent local ‘mercenary’ ‘Manchurian Candidates’ with the federal’s coat of arms of MPKKP, almost a ‘mock’ copy of JKKK, trespassing JKKK’s legal rights and duties under the 7FEs and 4POs.

The Federal proxies have begun the long march with ‘guerilla warfares’ trying to usurp by all means the legitimate Sarawak State Government’s ‘local government and [administration]services’, including the villages’ multifarious range of community services of the politico-socio-economic nature through its cultural, legal and administrative bridges and institution of JKKK including the “local government elections” under the entrenched Item 4.

Naturally, it is best for the State to fight MPKKP’s case in the ‘[Constitutional] Native District Court’ of equity and law under the Native Courts Ordinance 1992 (‘NCO’) in front of a local magistrate with 2 assessors and its own Rules of 1993, under Item 13 where the Federal AG has no jurisdiction in these Native Courts under Article 145 (3) of the FC.

JKKK has to reform with no ‘dynasty rule’ and rise to the occasion.

The younger siblings from MPKKP will go against their present chiefs and headmen, even against their own families, not only the villagers. That is the saddest disaster in these ‘Rural Kingdoms’, a brewing plot fit for a Shakespearean epic tragedy. Never so many will be hurt by so few. Alas! A Kingdom could be lost for a few shillings or ‘a Kingdom for a horse!’, as Shakespeare would say.

4. Before being enticed to join in the formation of Malaysia, were there any assurances of constitutional taboos of no parliamentary legislations, directives etc. touching on Sarawak land and local government to the villages?

Yes.  PM Tunku Abdul Rahman and Tun Razak assured before the formation of Malaysia to the founders of Sarawak, especially the native leaders that KL would never interfere with Sarawak land and local government including the established native longhouses and villages as well as the Native Laws, Adat, (Custom) and usage and the [Constitutional] Native Court, as entrenchedin the 7FEs, 4POs and Sarawak Land Code 1958.

There must be no Federal infringement of the exclusive duties and rights of the local government in rendering their community services and ‘local government election’, entrenched in Item 4.

These local chiefs and headmen were appointed or elected after recommendations by the British DOs and Residents under the Brooke Tradition and post-colonial government till today, naturally with the consent of the Sarawak Government to help its local government administration and communities’ services in the remote and widely scattered villages truncated by rivers as that special bridges of the State Government.

“KL would not dominate Sarawak and Sabah, but would always consult them as equal partners,” assured Tun Razak on 3rd August 1962, as stipulated under Article VIII of MA1963, in the book, ‘Tribute to PM Tunku Abdul Rahman,’ “in so far as [the assurances, undertakings]they are not implemented by express provisions of the Constitution of Malaysia.”

5. Is JKKK the bloodline of Brunei Sultanate and Brooke Tradition?

Yes. That 2 centuries old bloodline and legacy of the Brunei Sultanate expanded under the direct control of the DOs and Residents under the Rajah Brookes Tradition, improved by the Colonial Government, refined and codified after Malaysia Day 1963 by the State.

Then came the logical consolidations and codifications of the 4 protective municipal laws of Sarawak called the (4POs), namely the Land Code 1958 (SLC) amended in 2019,[Constitutional], Native Courts Ordinance 1992 (NCO) with Native Court Rules 1993, the Local Authorities Ordinance 1996 (LAO)[Part X repealed after CCHO 2004], the Community Chieftains and Headman Ordinance 2004 (CCHO) and lastly, the (customary) Native Law, Adat, customs and usage which also are also having the force of law, and enforceable with the Native Court Rules 1993 in the 4-tier of [Constitutional] Native Courts under Articles 145(3), 150(6A) and 160 of the FC.

6. Have that bloodline and legacy of the Brunei Sultanate and Brookes Tradition, namely the present JKKK, become a part of the Customary Native Law or Adat of Sarawak?

Yes. The Brunei Sultanate’s bloodline of that JKKKhas always been a bridge between the government and the remote and isolated villages and kampungs that the Brookes Tradition has adopted that special bridge as a part of the Native customary law, Adat, (custom) and usage of Sarawak then, apart being a part of the Brooke’s local government and administration.

The appointed chiefs and headmen who became the lifeblood and intermediaries of that Brooke Tradition that would grant political and legal powers to them and those functions continued under the British colonial government till today.

Any interference or impinging of the villages’ authority and local official administration from Brunei was treated as a hostile affront and illegal. Rajah Charles sent a few thousand braves to pursue and defeat Sherif Masahor, the official Brunei’s proxy or representative, who caused disaffection by insubordination and boycotting against the Rajah’s directives, policies and programmes in Sarikei where the Sherif himself was also appointed as the Brookes’ head of the administration then.

7. Will MPKKP inevitably breach the duties and rights of the chiefs and headmen under Section 6 of CCHO 2004?

Yes, in general, subject to specific admissible evidence of specific actions for impinging on the rights and duties of the chiefs and headmen.

(i)  Under section 6(1)(a) of CCHO 2004, the Chiefs or Headmen shall preside three tiers of that [constitutional]Native Courts under Sections 3 and 4 of CCHO 2004 and assist under the banner of JKKK the local authorities in the excise of their powers and the performance of their duties  including the provisions of communities services and amenities to or for the benefit of the inhabitants in those Administrative Areas.Under Section 8(2) of CCHO 2004 the Chiefs and Headmen can join a political party or be a councilor in the local authority approved by the cabinet.

These appointees by the Head of State, approved by the State cabinet, are formally appointed after gazetting. They will give such necessary written or verbal orders as are reasonably necessary for the execution of their duties that are not inconsistent with any by law or law under Section 6 of the CCHO 2004 as follows:

(a) to preside over any Native Court which he has, by virtue of the Native Courts Ordinance, 1992 [Ord. No. 9/92], jurisdiction to preside; [NB. These courts will have jurisdictions to hear on complaints on MPKKP’s breaches on land and local government, etc if any.]

(b) to carry out such duties or functions as may be conferred upon a Chief or Headman under any written law; [the complaints against MPKKP will be for breaching the 7FEs and 4POs or causing ‘obstruction of justice’ in the longhouses against the chiefs’ or headmen’s lawful directives on the implementations of the local government’s land and development policies, apart from aiding and abetting the arrogating Federal leaders of MPKKPin obstructing or implementing contrary orders.

(c) to represent his community in all official meetings, discussions or conferences concerning or affecting the community; [so, any meetings 2 or 3 peoples called by MPKKP’s could counter against the State or chief or headman’s directives that can tantamount to Federal breach of this section as a matter of obstructing or boycotting their communities’ duties and breaches on local government activities protected under the 7FEs and 4POs based on the facts of each case]

(d) to assist the Government in looking after the welfare of his community; [any contrary Federal directives, programmes or plan to support Federal per se against or different from the State’s or JKKK could be a breach]

(e) to assist generally all officers of the Government and of the local authority in the execution of their public duties [that includes any positive action of anyone procuring directly or indirectly in aiding and abetting the breaches in defying as “obstruction of justice” or specific boycotting of the State’s or JKKK’s directives implemented through the chiefs and headmen]; and

(f) to discharge such other duties or functions as the government may prove from time to time specify or direct. [this will include any deliberate actions by MPKKP to cause or procuring directly and indirectly civil disobedience, obstruction of justice, boycotting or defiance with concrete evidence against the authority of JKKK’s directives on communities services, implementing government’s policies on large scale, Green High Tech farming and modern husbandry with contradictory Federal’s programmes can breach this section].

The requisite evidence on the ground is not difficult to obtain. Giving the Federal funds and getting the salaries by saying nothing negative to the villagers against the directives, policies and programmes of JKKK while promoting Federal MPKKP’s agenda would be a fairy tale!

Thus, it is practically impossible at the grassroots’ level for MPKKP not to impinge, to cover part or all, cross swords, overlap or indeed trying to supplant JKKK’s directives, policies and programmes of the State Government by enthusiastic local politically minded supporters ignorant of the boundaries of the 7FEs and 4POs with the apparent different Federal labels of MPKKP’s only but different legal effects.

Never so few under Federal’s payroll will cause so much pain, disunity and divided loyalty to so many in their own homes; and let Federal to divide, conquer and rule Sarawak against the proxies’ own state and motherland. Let them open their eyes on these serious violations, 4 fudgingsof the FC against IGC R62 and MACT 63.

Hope our PM will carefully reexamine the FC, State laws and equity with proper legal, professional and financial advices to maintain the cordial State and Federal relationship for a peaceful legal and political settlement.

The views expressed are those of the author and do not necessarily reflect those of The Borneo Post and Borneo Post Online.