Abang Johari's trusted ally Ibrahim Baki appointed as GPS chief whip in the Sarawak Assembly

 KUCHING, February 17, 2022 - Chief Minister Datuk Patinggi Abang Johari Openg’s close and trusted ally Datuk Ibrahim Baki has been appointed as Gabungan Parti Sarawak (GPS) chief whip in the Sarawak Assembly, effective last night.

Picture: Datuk Ibrahim Baki thanks Chief Minister Datuk Patinggi Abang Johari Openg for the appointment as GPS chief whip in the Sarawak Assembly

The appointment was announced by Abang Johari at a dinner with the GPS elected representatives, which was held after the conclusion of the Sarawak Assembly’s three-day sitting yesterday.

A seasoned political observer suspected that the appointment was prompted by what had happened during the voting on the Sarawak Constitution (Amendment) Bill in the Sarawak Assembly two days ago.

The bill was only supported by 54 out of the 82 total number of State Assemblymen in the Sarawak Assembly in the first round of voting, prompting Padungan State Assemblyman Chong Chieng Jen to inform the House Speaker Tan Sri Asfia Awang Nasar that the number 54 did not constitute two-thirds which were required for any amendment to the constitution to pass through.

It was shy by one vote to constitute the two-thirds support.

However, in the second round of voting, 67 Assemblymen voted for the bill while the  six from the Opposition bench opposed it.

It would be a great embarrassment for GPS, especially Abang Johari, if the bill had failed to get the two-thirds support from the total number of State Assemblymen.

Hence, the appointment of the chief whip is deemed to be necessary and urgent to remind all the State Assemblymen, including ministers, of their heavy responsibilities during the sitting of the Sarawak Assembly.

In the December 18, 2021 state election, GPS won 76 out of 82 State Assembly seats up for grabs.

In a statement, Ibrahim, who is also Satok Assemblyman, thanked Abang Johari for the appointment, saying that he is humbled with the trust that the chief minister has put onto him. 

“I pledge to fulfill the responsibilities given to the best of my abilities,” he said.

He also thanked the other GPS component party heads – Sarawak United People’s Party (SUPP), Parti Rakyat Sarawak (PRS) and Progressive Democratic Party (PDP) for their nomination and endorsement for my appointment.

“Our august House in Sarawak has been established some 155 years ago and it is the oldest legislature in Malaysia and one of the oldest continuously functioning legislatures in the world.

“With its history and its stature, it is incumbent on all members of the Assembly to uphold its status and maintain their decorum – to act in a manner that is parliamentary.

“I hope with my new position, I can instill a sense of propriety and decency in the Assembly and ensure that our august House will continue to be seen as a bastion to uphold and protect Sarawak rights.

“This is as well as exercising its functions as the highest law making body in the state as we continue to seek more restoration of Sarawak rights as per Malaysia Agreement 1963 (MA63) and Inter-Government Committee Report (IGC) 1962 under the Federal Constitution,” Ibrahim, who is also PBB deputy secretary-general, said.

 

Lina Soo says agrees that Sabah's Head of State be known as Yang di-Pertua Negara

KUCHING, February 17, 2022 - Sarawak People’s Aspiration Party (Aspirasi) president Lina Soo agreed with  Sabah Progressive Party (SAPP) president Datuk Yong Teck Lee that the Sabah Yang di-Pertua Negeri title adopted in 1976 should be restored to its original wording.

Picture: Lina Soo says Sarawak Governor be known as Yang di-Pertua Negara

She said it is an indisputable fact that in the Malaysia Agreement Annex B the Constitution of Sabah, Article 1(1) stipulates that the Head of State for Sabah shall be called the Yang di-Pertua Negara.

“This is supported by Article 5 of Annex A Malaysia Bill of Malaysia Agreement which defines the Governor as the Head of State, by whatever style known, in a State not having a Ruler and in particular includes the Yang di-Pertua Negara in Sabah and the Yang di-Pertuan Negara in Singapore,” she said.

Soo said that for former British colonies, the title of Governor is a British legacy handed down from the British Empire to appoint a local official or administrator to govern its colony by the imperial monarch who is the Queen of Britain.

She believed that in the age of democracy where the government is elected of the people for the people by the people,  the term Governor should be discarded as it reeks of imperialism and decadence.   

She proposed that the Governor of Sarawak as in Annex C Constitution of the State of Sarawak annexed to Malaysia Agreement be amended to Yang di-Pertuan Negara Sarawak.

In the furore over the renaming of Chief Minister of Sarawak to Premier, Soo said Article 5 of Annex A Malaysia Bill of the Malaysia Agreement defines Chief Minister and Menteri Besar both to mean the president , by whatever style known, of the Executive Council in a State and in particular Chief Minister includes the Prime Minister in Singapore.

By the qualification of “by whatever style known”,  she believed it is constitutional for Sarawak through a 2/3 majority in the Sarawak Assembly to amend Chief Minister of Sarawak to Sarawak Premier and even to Prime Minister of Sarawak, precedent set by Prime Minister Lee Kuan Yew, as long as due constitutional process is carried through the Sarawak Assembly.

“Therefore there is no need for any Sarawak minister to be apologist over it, and the people of Sarawak should welcome this step because this proves the sanctity and sovereignty of our Sarawak legislative assembly  established as Sarawak General Council  on September  8, 1867 and is one of the oldest continuously functioning legislatures in the world, with the power to make and amend law.

“Our Sarawak Assembly, originally known as the Sarawak General Council, is our Sarawak Parliament where Parliament  essentially and simply means a legislative assembly of elected lawmakers,” she said, stressing that she supports the renaming of the Sarawak Assembly to Sarawak Parliament and any word which applies to Sarawak as a Negeri should be expunged.  

“This is because Sarawak is a nation in the federation of Malaysia as from our founding in 1841, we have an endemic population, a defined territory, a history, a culture and a government, and is not a ‘negeri’.

“Sarawak sovereignty with all intrinsic rights and powers must be guarded and protected with zeal,  truth and integrity,” she stressed.

Amend Article 160 of the Federal Constitution to give recognition to the word "Premier", says Kelvin Yii

KUCHING, February 17, 2022 - Bandar Kuching Member of Parliament Kelvin Yii today urged de facto Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar to table a constitutional  amendment bill on the interpretation of the words “Chief Minister” under Article 160 of the Federal Constitution.

Picture: Bandar Kuching MP Kelvin Yii says too much focus on form than substance on "Premier" title

He said this is to give recognition to the title “Premier” under the just amended Sarawak Constitution for the Sarawak head of government.

“There has been an over-focus on “form rather than substance” in the  State Constitution amendments by adopting the word "Premier" to substitute "Chief Minister" under Article 6(3) of the Sarawak Constitution without the amendments made to the Federal Constitution,” Yii said when commenting on the amendment to State Constitution, which among others, changed the title “Chief Minister” to “Premier” for Sarawak’s head of government.

“While I am fully supportive to giving due recognition to the special position that Sabah and Sarawak has under the Federation of Malaysia, but such amendments must first and foremost show tangible contrast in terms of powers and authority in comparison to other states and constitutionally recognised under the Federal Constitution.

“That is why while the Youth, Sports and Entrepreneur Development Minister Datuk Seri Abdul Karim Rahman Hamzah argued that the amendment was in accordance with the amendment to the Federal Constitution enforced last week, I think this “title” change was an after-thought or even over-sight by the de facto law minister.

“If not amendments to Article 160 of Federal Constitution that refers to “chief Minister” or head of the executive in a state would also have been tabled in Parliament during the constitutional amendments of Article 1(2) and Article 160 back in November 2021,” he said.

Yii said for thee title “Premier’ be effectively more powerful vis-a-vis other states in Malaya, a Federal Constitution amendment must follow suit.

“He (Datuk Patinggi Abang Johari Openg)  cannot just be known as a “Premier” in Sarawak but constitutionally outside Sarawak he is still of the same status protocol ranking as all other Chief Ministers,” he said.

Yii reiterated his call for the GPS federal ministers and state leaders to commit to and formulate a Power Devolution Blueprint for Sarawak to set a pathway for the state to achieve greater decentralisation of powers and autonomy.

He said this plan should outline key milestones within the next five to 10 years along with a periodic review of the progress made to prepare us to take on the responsibility.

“It should also outline the strategies that Sarawak will employ to develop human capital within the state to meet the unique challenges of today and tomorrow,” Yii said, the strategies include plans on building the capacity of Sarawakians and retaining talent in the state so that we can develop it together should be covered thoroughly.

“Towards that end, we can start with devolving the powers for  important sectors - health and education to Sarawak,” he said, adding that necessary steps should be taken to insert education and healthcare on the Concurrent List under Schedule 9 of the Federal Constitution as a responsibility to be shared among federal and state governments of Sarawak and Sabah.

He said the Covid-19 pandemic has shown the importance of an equal federal-state partnership, especially in health matters, to effectively manage outbreaks and protect the lives of Sarawakians.

 

Karim says nothing to stop people from using the term "Premier" when they refer to Abang Johari

 By Simon Peter

KUCHING, February 16, 2022 - Youth, Sports and Entrepreneur Development Minister Datuk Sri Rahman Hamzah stressed today that there is nothing to stop people from using the term “Premier” when they refer to Datuk Patinggi Abang Johari Openg, even though it has not been gazetted yet.

Picture: Datuk Sri Karim Rahman Hamzah hopes that the Sarawak Constitution (Amendment) Bill can be gazetted as soon as possible

He said even now the term is widely used in social media after the the Sarawak Constitution (Amendment) Bill, 2022 has been passed by the Sarawak Assembly  yesterday.

“If we look at from the legal point of view, we should wait until the bill  has been gazetted because what has been agreed and  passed in the State Assembly, there is a process to be followed,” Karim said.

He said after the bill has been passed, the bill will be brought to the Governor before it is gazetted. “Only then it can be used officially,” he added, stating that a date will be fixed by the state government when it will be officially used.

“But to me personally, in view of it already being approved, we can’t stop people from using it.  Even now, the people have been using it in the social media,” he said.

Karim said he will not be able to know what the  bill will be gazetted for Abang Johari to be officially called the premier.

He said the gazettement can be done within a week or a month or even six months for any bill that has been passed by the State Assembly.

“It is up to those in authorities when the  constitution amendment bill will be gazetted.

“In the case of the declaration of emergency, the next day it will be gazetted after it has been announced. Everything is done very fast. It can be done in one day.

“Likewise, if the state government wants the bill to be gazetted next week or this week, it will be done this week,” he said.

He said it is better to speed up the gazettification of the bill.

“If it has to wait for month, it will lead to numerous speculations why it has to wait for three months. “If possible, gazette the bill within a month or even a week. It can be done.

“If we have to wait, then it will lead to lots of speculations,” Karim said.

Karim rebukes DAP YBs for ridiculing the "premier" title accorded to Sarawak's head of government

 By Simon Peter

KUCHING, February 16, 2022 - Youth, Sports and Entrepreneur Development Minister Datuk Sri Karim Rahman Hamzah today rebuked the two DAP state assemblymen for ridiculing the “Premier” title accorded to Sarawak’s head of government under the amendment to  State Constitution which was passed in the State Assembly yesterday.

Picture: Youth, Sports and Entrepreneur Development Minister Datuk Sri Karim Rahman Hamzah says Sarawakians should be happy with what the GPS government is doing

“I find it to be not very good. If I can describe it as despicable for somebody to ridicule the efforts that we are trying to do,” he told reporters after the State Assembly has adjourned its three-day sitting.

“If we look deeply why we tabled the Sarawak Constitution (Amendment) Bill, 2022, it is to put us up on a higher level.

“Sarawakians should be very happy with what we are doing.

“Unfortunately, we do have honourable members from the Opposition trying to ridicule the efforts that we are trying to do,” he said, without naming the Opposition State Assemblymen, but is believed to be referring to Pending State Assemblymen Violet Yong and Padungan State Assemblyman Chong Chieng Jen.

Karim, who tabled the Bill, said the GPS state government is trying to put up Sarawak on a higher status as compared to other states in Malaya.

He explained the other states are not the signatories to the formation of Malaysia.

“That is the reason why we have come with all this. We have studied the matter thoroughly; the implications and effects like that.

“What are the terms that we are going to use.

“That is why we don’t call the premier as the prime minister. We don’t want to have confrontation. “We respect the federal government. The premier title cannot supercede the prime minister, even though I know in social media a lot people are making comparison saying we got the prime minister. “No, we bring it down slightly lower. The premier title is higher than the title of the chief minister.

“If you want to see the structure in Australia, they’ve got the prime minister, the states in Australia have the premiers. Likewise in Canada, they have the prime minister and the states have the premiers.

“Here in Sarawak, unfortunately, people are ridiculing what we are trying to do.

“Belum apa apa, compared macam (premier) tissue while the other one said much ado about nothing.

“Well, we will see if it will up to be that way.

“But then, we are trying our level best to elevate Sarawak to a higher pedestal,” he said.

Asked if there are plans to define the status of Sarawak either as a state or region, he said there are admissions at the state and the federal levels, even by the federal and state political leaders, including the Opposition leaders like Lim Guan Eng, who used to say Sarawak cannot be at the same level with other states.

“If we look at the history, it is like that,” he said.

Karim said at the formation of Malaysia the signatories are the representatives from the federation of Malaya, North Borneo, Sarawak and United Kingdom.

“But after the formation of Malaysia, the signatories from Sarawak and Sabah regions were made on the same level with other states which were not the signatories to the Malaysia Agreement.

“It should have been objected in those days, but unfortunately it was not.

“Probably because we can understand in 1963 how many were professionals in Sarawak? How many lawyers? We’ve got so many MPs at that time who were illiterate and who were not able to argue on this and who might not able to understand the concept of Malaysia.

“But we do have the late Tun Jugah who came with a proverb “manis dipun, tabar diujung”.

They could see that.

“But they might not understand from the legal aspect,” he said.

Karim stressed Sarawak is not trying to go out from Malaysia.

“We love to be with Malaysia. We want to strengthen, but then we want to see those on the other side to understand us better, and we want to share the assets or resources equitably in accordance with the situation,” he added.

He said there are certain things that were agreed in the IGC  (Inter-Governmental Committee) Report on the formation of Malaysia, but were not shared fairly, like the development fund that is supposed to be given every year.

“But what has happened over the last 50 years the (previous) federal government only gave RM16 million every year, then came the PH government that gave RM30 million to us.

“There must be some kind of mechanism how this amount comes about.

“That is the reason why we want to see how much money or resources have been taken from Sarawak every year and that is the reason why we want to have a representative inside the Inland Revenue Board.

“If we write to them, they will not want to give us because they will say this is privilege and you are not supposed to be getting it.

“We will know how much every year, if we sit on the board, it will be tabled and how much is from each state and then we will know.

“From Sarawak, how many billions, if they get RM10 billion, and we will get RM6 million, then it is not right.

“These are the things that we have been fighting for, even the amendment to the Sarawak constitution, are those little processes that we are doing, not with a view to get out of Malaysia, but to strengthen our position and also to get back those rights that have diminished over the years,” he said.

Asked if there will be more amendments to the State Constitution in future, Karim said there might be some more amendments or there might be some more negotiations with the federal government on the return of the state’s rights,

He said one is tourism.

He said when the MA63 was signed and stamped in 1963, nobody knew about tourism. It was not even discussed. The same goes with environment.

He said tourism was not on the Federal List or the State List then.

“Somehow in the early 1990s, a bill was quietly pushed in Parliament and if I am not mistaken, it was not debated to park tourism as a federal matter.

“Personally, I personally feel there is something wrong and when I questioned something like this, at that time the minister of tourism was not very happy.

“He got insulted because I raised it up,” he added.

Karim, who is a lawyer by profession, said under the law, if the subject matter is not on the Federal List nor on the State List, it is deemed to be on the Residual List.

He added the Residual List is a matter that comes under the state.

He said tourism should solely be on the State List and should not be a federal matter.

“But we are not that greedy. We want to negotiate. We were not even consulted when tourism was parked on the Federal List.

“We want to share. You take part of it, we take part of it.

“At least the funds to be given to the state will be much bigger,” he said.

Apart from tourism, he said the state government wants to look at the continental shelf.

“We cannot allow everything to be federal. The state must have some share.

“We are not trying to strengthen ourselves to get out.

“Our forefathers had wanted to be in Malaysia, we should fight to be in Malaysia. But then, we define the law properly and of course, we do not want to be placed on par with states like Perlis, Malacca or Penang.

“Not to say that we look down on them, but, of course, we were a party that formed Malaysia.

“I know some Malayan politicians may not be happy. I read on the social media of some of them asking what Sarawak was trying to do.

“But then after a while, they will be able to understand,” he said.