Dr Jeffrey Kitingan concurs with his brother Joseph Pairin Kitingan and says remove ‘lain-lain bangsa’. It is easier said than done; the reason being that unlike Sarawak which clearly defines their ethnic groups, in Sabah the different ethnic groups are not clearly define.
Therefore it is not fair for Jeffrey to push this burden to the Yang di-Pertua Negeri to exercise his functions as provided for under the Sabah state constitution. Jeffrey must also acknowledge that the functions that the Yang di-Pertua Negeri Sabah should carry out must be in accordance with the Sabah state law, not just based on his whim and fancies.
So what is the Sabah state law that defines the ‘Natives’ in Sabah?
It is the Interpretation (Definition of Native) Ordinance 1952 where it clearly states:
(a) Any person both of whose parents are or were members of a people indigenous to Sabah; or
(b) Any person ordinarily resident in Sabah and being and living as a member of a native community, one at least of whose parents or ancestors is or was a native within the meaning of paragraph (a) hereof; or
(c) Any person who is ordinarily resident in Sabah, is a member of the Suluk, Kagayan, Simonol, Sibutu or Ubian people or of a people indigenous to the State of Sarawak or the State of Brunei, has lived as and been a member of a native community for a continuous period of three years preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act, 1959/63 [Act 155.]:
Provided that if one of such person's parents is or was a member of any such people and either lives or if deceased is buried or reputed to be buried in Sabah, then the qualifying period shall be reduced to two years; or
(d) Any person who is ordinarily resident in Sabah, is a member of a people indigenous to the Republic of Indonesia or the Sulu group of islands in the Philippine Archipelago or the States of Malaya or the Republic of Singapore, has lived as and been a member of a native community for a continuous period of five years immediately preceding the date of his claim to be a native, has borne a good character throughout that period and whose stay in Sabah is not limited under any of the provisions of the Immigration Act, 1959/63 [Act 155.].
And according to Section (2) (3) of the same ordinance none of the above is valid unless “an appropriate declaration made by a Native Court under section 3”. The problem here is that in the Native Court Ordinance the definition of Native refers back to the Interpretation (Definition of Native) Ordinance 1952. Similarly in the Sabah state constitution, in Article 41 (10) it refers back to “the indigenous people” in Sabah.
In the federal constitution itself the definition of Native is provided for in Article 161A (6). For Sarawak the various ethnic groups are clearly defined in Clause 7 but for Sabah, Clause 6(b) refers back to “a person of a race indigenous to Sabah” this again refer back to the Interpretation (Definition of Native) Ordinance 1952. Granted in the Interpretation Ordinance require the acknowledgement from the Native Court but then again which ethnic group should preside in the Native Court? That person must represent the ‘Native’ community in Sabah.
The only ethnic groups that are clearly defined in the Ordinance are members of the Suluk, Kagayan, Simonol, Sibutu or Ubian people, the people indigenous to the state of Sarawak or the state of Brunei. In Section 2 (d) of the Ordinance it even extend to the people who are members of a people indigenous to the Republic of Indonesia or the Sulu group of islands in the Philippine Archipelago or the states of Malaya or the Republic of Singapore.
No mention of 44 ethnic groups
There is no mention of the 44 ethnic groups that made up the people in Sabah in this Ordinance.
Why has this problem come to this? According to the Cobbold Commission in 1962 an Advisory Board must be established represented by the major ethnic groups in Sabah and the Commission recommends that the Interpretation (Definition of Native) Ordinance 1952 be amended. While Point 12 of the 20 points which plagiarized the Commission report only pointed out:
12. Special Position of Indigenous Races
In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malaya formula in this regard is not necessarily applicable in North Borneo.
No one bothers to make the necessary amendment to the Interpretation (Definition of Native) Ordinance 1952. Even when Pairin and his brother Dr Jeffrey formed the government between 1985 to 1994 they did not bother to make the necessary amendments to the Sabah State Law specifically the Interpretation (Definition of Native) Ordinance 1952.
They had control over the Dewan Undangan Negeri, they had more than 2/3 majority - how is this possibly an oversight when Pairin himself is the Paramount Chief ( Huguan Siou ) of the ‘Natives’ in Sabah? Does he care about the people?
Therefore which ‘Native’ should the Tuan Yang di-Pertua Negeri Sabah protect according to Article 41 of the Sabah state constitution, when the ethnic groups in Sabah are not clearly defineed in the Sabah Law as compared to Sarawak. Are any amendments to the Ordinance today possible when the Dewan Undangan Negeri is no longer under their control?
Therefore, should these two brothers blame the TYT for “not doing his job” or the 44 ethnic groups in Sabah should blame the two brothers for betraying them?
ZAINNAL AJAMAIN is an economist by profession, graduating with a Masters degree from the University of East Anglia. He has held several high-ranking civil service positions in government and government think-tanks and has worked as a university lecturer, senior researcher, stockbroker, and economist and published several papers in international media journals. He was the co-author behind the Sabah Government’s vision for development and progress in the Sabah Development Corridor and created the first Offshore Islamic Fund in Labuan. He also held the position of Senior Research Fellow in the Centre for Remote Sensing and Geographic Information Systems at the University Malaysia Sabah. He was the Co-Founder of the United Borneo Front (UBF) and a passionate activist to abolish the Cabotage Policy. He is also the secretary-general of a newly formed political party in Sabah.