KOTA KINABALU: Supreme Council Member of Parti Warisan and Tungku State Assemblyman (ADUN N.60), YB Assaffal P. Alian, expressed appreciation for the swift response by Sabah Chief Minister, Datuk Seri Panglima Haji Hajiji Noor, who announced the postponement of the implementation of the Malaysian Border Control and Protection Agency Act 2024 (Act 860) in Sabah following concerns over elements that could erode state powers.
According to him, the decision was the right step, but Sabah must not stop at postponement alone without pursuing a more comprehensive solution to restore the state’s executive rights.
He said Sabah does not reject cooperation with the Federal Government, but rejects any form of centralisation of power that undermines the original spirit of the Malaysia Agreement 1963 (MA63).
He stated that the model which must be defended is the concept of “power-sharing” based on the principle of sovereign territories, rather than the centralisation of authority through new Federal agencies.
In the statement, Assaffal also put forward several proposals to restore the balance of powers under MA63 and strengthen Sabah’s autonomy in immigration and border security matters.
According to him, Sabah’s primary demand must involve the full restoration of the original text of the Immigration Act 1963.
He said previous amendments, particularly through Act A985 (1997) and Act A1154 (2002), had systematically transferred appointment and directive powers from the state level to the Federal Home Minister.
He added that these amendments had reduced the executive role of the Sabah Chief Minister as guaranteed under the 1963 Bill, and all amendments that took over state powers should be reviewed.
In addition, he proposed that the appointment of the Sabah Immigration Director be made jointly between the Sabah State Government and the Ministry of Home Affairs as a transitional step towards the full restoration of state powers.
According to him, Sabah must have a voice in determining the individual who administers the state’s entry points so that the officer concerned carries direct constitutional responsibility to the State Authority.
At the same time, Assaffal also proposed the establishment of a Sabah Border Security Council chaired by the Sabah Chief Minister to coordinate the functions of immigration, ESSCOM, the Royal Malaysia Police, and related agencies.
He said such a move would prove that Sabah is capable of managing its own territorial security without excessive dependence on new central Federal agencies.
He further stressed that the existence of Act 860 proves that the Sabah Immigration Department should in fact be strengthened rather than sidelined.
In this regard, he demanded that critical assets such as coastal radar systems, surveillance drones, high-speed patrol boats, and modern biometric technology be directly allocated to the Sabah Immigration Department.
According to him, empowering assets and technology is far more effective than establishing additional layers of new Federal agencies that only increase operational bureaucracy.
Assaffal also proposed that Sabahans be prioritised in border enforcement recruitment because they better understand local conditions and regional sensitivities.
In addition, he proposed the tabling of a White Paper on illegal immigrants (PATI) and border security to assess the impact of the influx of foreign nationals on Sabah’s economy, including pressure on wage levels, employment opportunities, as well as healthcare and education facilities.
In the same statement, he also urged the establishment of a Sabah State Legislative Assembly Select Committee on MA63 and Border Security.
He said Sabah’s autonomy issues cannot be resolved solely at the executive level, but must continue to be debated in the State Legislative Assembly because they involve the official voice of the people of Sabah.
In conclusion, Assaffal called on all Sabah assemblymen regardless of political party to stand together in defending Sabah’s immigration autonomy to ensure that Sabah’s dignity and rights within the Federation of Malaysia continue to be protected as promised since 1963.
