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The Rakyat Guides 7, Part 2
PREVIOUSLY, the first part of The Rakyat Guides 7 explained the special position of Sabah and Sarawak, how they became part of Malaysia in 1963 and what are the special interests and safeguards for the two States and how these are protected under our Federal Constitution.
This week, we continue with other special interests that are not included in the Constitution, sources of revenue, structure of the state governments and the laws which the State Legislative Assemblies of Sabah and Sarawak can make.
Do Sabah and Sarawak have other special interests that are not in the Constitution?
PREVIOUSLY, the first part of The Rakyat Guides 7 explained the special position of Sabah and Sarawak, how they became part of Malaysia in 1963 and what are the special interests and safeguards for the two States and how these are protected under our Federal Constitution.
This week, we continue with other special interests that are not included in the Constitution, sources of revenue, structure of the state governments and the laws which the State Legislative Assemblies of Sabah and Sarawak can make.
Do Sabah and Sarawak have other special interests that are not in the Constitution?
Part VII of the Immigration Act 1959/1963 says that anyone who does not
belong to Sabah and Sarawak must have a valid Permit or Pass to enter
Sabah or Sarawak except for members of the Federal Government, judges,
public servants or a person entering for the sole purpose of engaging in
legitimate political activity.
Apart from this, there are certain federal laws that are not followed in Sabah and Sarawak, like the Local Government Act 1976, the National Land Code and the Employment Act 1955. Sabah and Sarawak have made their own laws on these matters. For how long are these special interests to be safeguarded?
For as long as the people of Sabah and Sarawak feel these special interests are still needed by them. These special interests are a protection that the people of Sabah and Sarawak requested as a condition for joining Malaysia in 1963.
The consent of the Yang di–Pertua Negeri (YDPN) must be obtained before any of these special interests can be removed, and the YDPNs must follow the advice of the States’ Cabinet.
The Ministers in the States’ Cabinets are appointed from members of the State Legislative Assemblies of Sabah and Sarawak, who are elected by the people of Sabah and Sarawak.
This means that it is for the people of Sabah and Sarawak to decide through their elected representatives in the State Legislative Assemblies whether any of their special interests should be removed.
The Constitution also provides special grants and additional sources of revenue for Sabah and Sarawak that the other States in Malaysia do not have.
For example, the Federal Government issues yearly special grants to Sabah and Sarawak for the costs of the States’ services and administration. These special grants are to be reviewed every five years or longer (if the Federal Government and the State agree).
Sabah and Sarawak also receive revenue from lands, mines and forests, entertainment duty, fees for specific services provided by the state departments, revenue from local authorities and from water supply.
In addition, Sabah and Sarawak are also allowed to charge import and excise duties on petroleum products, export duty on timber and forest produce, and sales tax and fees from ports and harbours.
What is the structure of the State Governments of Sabah & Sarawak?
In both States, the Head of State or YDPN is the Governor whose title is Tuan Yang Terutama (TYT). The TYT is appointed by the Yang di–Pertuan Agong.
The TYT appoints the Chief Minister as head of the State’s executive branch. The post of the Chief Minister is normally filled by the leader of the party that has the most representatives in the State Legislative Assembly or Dewan Undangan Negeri (DUN).
The DUN passes all State laws that do not come under the jurisdiction of Parliament and oversees the policies and spending of the State Government. The elected representatives in the DUN are called State Assemblymen.
The State Government or ‘Executive’ is made up of the Chief Minister and his Cabinet of Ministers who are appointed by the Chief Minister.
The Chief Minister may also appoint Assistant Ministers. Each Minister and his or her Assistant are responsible for their own Ministry.
What laws can the State Legislative Assemblies of Sabah and Sarawak make?
The State Legislative Assemblies of Sabah and Sarawak can make laws on matters set out in the ‘State List’ and the ‘Concurrent List’ of the Constitution. The State Legislative Assemblies of Sabah and Sarawak can make laws on more matters than the State Legislative Assemblies of the other States in Malaysia.
We discuss the State List and the Concurrent List in The Rakyat Guides: 3. Federal–State Relations.
Examples of the matters that the State Legislative Assemblies of Sabah and Sarawak can make laws on are the administration of lands in Sabah and Sarawak, employment and labour, forests, immigration, merchant shipping and fisheries.
Frequently Asked Questions
1. Why do some Malaysians have to fill in immigration forms when entering Sabah and Sarawak?
Sabah and Sarawak have the power to control who can enter their borders to ensure that only people who can contribute positively to the growth of the State and are not deemed a threat to law and order are allowed to enter and reside in the States.
2. Do Malaysians from other States need to produce passports or apply for visas when entering Sabah and Sarawak?
No, Malaysians from other States only need to produce their national identity cards and will be granted visit passes when entering Sabah and Sarawak.
3. Aren’t these immigration laws a restriction on a Malaysian citizen’s right to free movement within the country?
Although the Constitution gives Malaysians the right to move freely within Malaysia and to reside in any part of Malaysia, the Constitution also restricts this right when it involves Sabah and Sarawak. This is part of the special interests and safeguards granted to Sabah and Sarawak when they joined Malaysia in 1963.
4. Can a person from another State work in Sabah or Sarawak?
While there is no law that prevents a person from another State from working in Sabah or Sarawak, the Governments of Sabah and Sarawak can control who can enter and reside in those States. So, to work in Sabah or Sarawak, a person from another State will still have to get permission to enter and reside in Sabah or Sarawak from that State’s authorities.
5. Why is English still the language used in the State Legislative Assemblies and Courts in Sabah and Sarawak?
English has been the official language of the State Legislative Assemblies and Courts in Sabah and Sarawak since Malaysia Day, Sept 16, 1963. Any change of the official language to Bahasa Melayu can only become effective when the State Legislative Assembly of Sabah or Sarawak agrees to adopt federal laws that make Bahasa Melayu the official language.
6. Has the Federal Government ever taken over the powers of the State Government in Sabah or Sarawak?
Yes. In 1966, the YDPN of Sarawak tried to dismiss the Chief Minister at the time, Stephen Kalong Ningkan. However, the Federal Court held that the dismissal was unconstitutional and invalid as it did not follow the Sarawak State Constitution. Following this, the Yang di–Pertuan Agong declared a Proclamation of Emergency under Article 150 of the Federal Constitution.
This enabled the Federal Government to pass the Emergency (Federal Constitution and Constitution of Sarawak) Act 1966 which gave the YDPN the power to dismiss the Chief Minister even though it went against the Sarawak State Constitution.
7. Why do Sabah and Sarawak enjoy greater powers than the States in West Malaysia?
The culture and religious faiths of Sabah and Sarawak are different from West Malaysia. The States of Sabah and Sarawak combined are bigger than West Malaysia. Sabah and Sarawak are rich in natural resources like forests, rivers and petroleum. Sabah and Sarawak wanted to maintain greater independence and control over the matters and resources in their States and their way of life when they joined Malaysia. This is why they have special protections in the Constitution and greater powers than the States in West Malaysia.
You can also learn more about the MyConstitution Campaign or follow it on:
www.perlembagaanku.com
www.malaysianbar.org.my/
www.facebook.com/
www.twitter.com/MyConsti
www.youtube.com/user/
READ: My Constitution: About Sabah and Sarawak
For as long as the people of Sabah and Sarawak feel these special interests are still needed by them. These special interests are a protection that the people of Sabah and Sarawak requested as a condition for joining Malaysia in 1963.
The consent of the Yang di–Pertua Negeri (YDPN) must be obtained before any of these special interests can be removed, and the YDPNs must follow the advice of the States’ Cabinet.
The Ministers in the States’ Cabinets are appointed from members of the State Legislative Assemblies of Sabah and Sarawak, who are elected by the people of Sabah and Sarawak.
This means that it is for the people of Sabah and Sarawak to decide through their elected representatives in the State Legislative Assemblies whether any of their special interests should be removed.
The Constitution also provides special grants and additional sources of revenue for Sabah and Sarawak that the other States in Malaysia do not have.
For example, the Federal Government issues yearly special grants to Sabah and Sarawak for the costs of the States’ services and administration. These special grants are to be reviewed every five years or longer (if the Federal Government and the State agree).
Sabah and Sarawak also receive revenue from lands, mines and forests, entertainment duty, fees for specific services provided by the state departments, revenue from local authorities and from water supply.
In addition, Sabah and Sarawak are also allowed to charge import and excise duties on petroleum products, export duty on timber and forest produce, and sales tax and fees from ports and harbours.
What is the structure of the State Governments of Sabah & Sarawak?
In both States, the Head of State or YDPN is the Governor whose title is Tuan Yang Terutama (TYT). The TYT is appointed by the Yang di–Pertuan Agong.
The TYT appoints the Chief Minister as head of the State’s executive branch. The post of the Chief Minister is normally filled by the leader of the party that has the most representatives in the State Legislative Assembly or Dewan Undangan Negeri (DUN).
The DUN passes all State laws that do not come under the jurisdiction of Parliament and oversees the policies and spending of the State Government. The elected representatives in the DUN are called State Assemblymen.
The State Government or ‘Executive’ is made up of the Chief Minister and his Cabinet of Ministers who are appointed by the Chief Minister.
The Chief Minister may also appoint Assistant Ministers. Each Minister and his or her Assistant are responsible for their own Ministry.
What laws can the State Legislative Assemblies of Sabah and Sarawak make?
The State Legislative Assemblies of Sabah and Sarawak can make laws on matters set out in the ‘State List’ and the ‘Concurrent List’ of the Constitution. The State Legislative Assemblies of Sabah and Sarawak can make laws on more matters than the State Legislative Assemblies of the other States in Malaysia.
We discuss the State List and the Concurrent List in The Rakyat Guides: 3. Federal–State Relations.
Examples of the matters that the State Legislative Assemblies of Sabah and Sarawak can make laws on are the administration of lands in Sabah and Sarawak, employment and labour, forests, immigration, merchant shipping and fisheries.
Frequently Asked Questions
1. Why do some Malaysians have to fill in immigration forms when entering Sabah and Sarawak?
Sabah and Sarawak have the power to control who can enter their borders to ensure that only people who can contribute positively to the growth of the State and are not deemed a threat to law and order are allowed to enter and reside in the States.
2. Do Malaysians from other States need to produce passports or apply for visas when entering Sabah and Sarawak?
No, Malaysians from other States only need to produce their national identity cards and will be granted visit passes when entering Sabah and Sarawak.
3. Aren’t these immigration laws a restriction on a Malaysian citizen’s right to free movement within the country?
Although the Constitution gives Malaysians the right to move freely within Malaysia and to reside in any part of Malaysia, the Constitution also restricts this right when it involves Sabah and Sarawak. This is part of the special interests and safeguards granted to Sabah and Sarawak when they joined Malaysia in 1963.
4. Can a person from another State work in Sabah or Sarawak?
While there is no law that prevents a person from another State from working in Sabah or Sarawak, the Governments of Sabah and Sarawak can control who can enter and reside in those States. So, to work in Sabah or Sarawak, a person from another State will still have to get permission to enter and reside in Sabah or Sarawak from that State’s authorities.
5. Why is English still the language used in the State Legislative Assemblies and Courts in Sabah and Sarawak?
English has been the official language of the State Legislative Assemblies and Courts in Sabah and Sarawak since Malaysia Day, Sept 16, 1963. Any change of the official language to Bahasa Melayu can only become effective when the State Legislative Assembly of Sabah or Sarawak agrees to adopt federal laws that make Bahasa Melayu the official language.
6. Has the Federal Government ever taken over the powers of the State Government in Sabah or Sarawak?
Yes. In 1966, the YDPN of Sarawak tried to dismiss the Chief Minister at the time, Stephen Kalong Ningkan. However, the Federal Court held that the dismissal was unconstitutional and invalid as it did not follow the Sarawak State Constitution. Following this, the Yang di–Pertuan Agong declared a Proclamation of Emergency under Article 150 of the Federal Constitution.
This enabled the Federal Government to pass the Emergency (Federal Constitution and Constitution of Sarawak) Act 1966 which gave the YDPN the power to dismiss the Chief Minister even though it went against the Sarawak State Constitution.
7. Why do Sabah and Sarawak enjoy greater powers than the States in West Malaysia?
The culture and religious faiths of Sabah and Sarawak are different from West Malaysia. The States of Sabah and Sarawak combined are bigger than West Malaysia. Sabah and Sarawak are rich in natural resources like forests, rivers and petroleum. Sabah and Sarawak wanted to maintain greater independence and control over the matters and resources in their States and their way of life when they joined Malaysia. This is why they have special protections in the Constitution and greater powers than the States in West Malaysia.
You can also learn more about the MyConstitution Campaign or follow it on:
www.perlembagaanku.com
www.malaysianbar.org.my/
www.facebook.com/
www.twitter.com/MyConsti
www.youtube.com/user/
READ: My Constitution: About Sabah and Sarawak