KOTA KINABALU: The Sabah Law Society (SLS) has cautioned that the Malaysia Border Control and Protection Agency (AKPS) Act 2024 poses serious legal risks to Sabah’s constitutional safeguards.
Therefore, it urges that any future border framework must align with existing laws protecting state rights before implementation.
SLS president Datuk Mohamed Nazim Maduarin said the Act contains two critical risks that erode the state’s rights on immigration.
Under Section 6(3), the law requires state directives to be channelled through the Immigration director, which creates enforcement ambiguity and undermines Sabah’s "Special Law" status under the Immigration Act 1959/63.
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SLS also observed legislative inconsistencies as the AKPS Act conflicts with the Immigration Act, which is entrenched as part of Sabah’s constitutional safeguards.
"Without harmonisation, frontline officers could face jurisdictional challenges and legal exposure," Nazim added in a statement issued here Thursday (May 14).
He said the state government’s decision to defer implementing the AKPS Act was a necessary and principled move to protect Sabah’s rights under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
"The state government’s insistence on legal clarity over verbal assurances is a significant affirmation of the Rule of Law in Sabah," Nazim added.
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He stressed that constitutional safeguards are statutory rights, not matters of administrative discretion.
Nazim added that operational efficiency should never override constitutional protections, and any centralised border management framework must be "strictly subordinated to Sabah’s autonomy."
"Operational efficiency should never override constitutional safeguards," he stressed.
SLS said it was ready to assist during the deferment period by conducting a comprehensive legal audit and helping formulate operational protocols.
"Our objective is to ensure that any future border framework is not only efficient but constitutionally sound and fully honours the original intent of MA63," Nazim said.
