KOTA KINABALU: Sabah postponed implementing the federal Malaysian Border Control and Protection Agency (AKPS) Act 2024 to uphold and protect its state rights, the legislative assembly was told.
Assistant Minister to the Chief Minister Datuk Joniston Bangkuai said the state government took this stand to prevent its immigration autonomy from being eroded.
"Sabah wishes to stress that its immigration powers are non-negotiable as stipulated under the Malaysia Agreement 1963 (MA63)," he said during the question-and-answer session on Wednesday (July 22).
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Bangkuai said the state stressed its stance on this matter by handing an official letter to the Prime Minister, stating that the Sabah Immigration Department would remain as the agency controlling entry points and that issuing any Not-To-Land (NTL) notice would remain under the state agency.
"The state government wishes to also stress that guarantees on Sabah’s constitutional safeguards must always be preserved, and there should be no erosion of special rights, immigration autonomy rights, or state authorities," he said.
In a supplementary question, Datuk Seri Wilfred Madius Tangau (GRS-Tamparuli) asked whether Putrajaya had sought consent from the state before drafting, tabling and passing laws that affected Sabah’s rights.
He said many such laws were made without Sabah’s consent, to which Speaker Datuk Seri Kadzim Yahya asked that Madius retract his statement, as it is "a sweeping statement" and is "not good".
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He also said that Madius was not able to prove that such decisions were made in bad faith.
Madius said he could list many laws and amendments made without consent from the state, and wanted to know if the AKPS was also drawn up without Sabah’s consent.
Bangkuai said regardless of whether or not consent was sought, it came down to how Sabah defends its rights.
"In the AKPS context, this (postponement) is proof that Sabah will defend against any breaches. Thank you for the support, that this decision is right," he said.
