Borneonisation: Govt sued
Published on: Tuesday, August 09, 2011
Kota Kinabalu: Two Sabahans filed a summons against the Federal and State governments, Monday, for allegedly failing to implement the Borneonisation of the Federal civil service in Sabah as agreed upon during the formation of Malaysia.
Former policeman Bernard Fung Fon Chen, 70, and self-employed Mohd Nazib Maidan Dally, 35, filed the summons through counsel Peter Marajin at the High Court Registry at 10am.
Fung of Kota Kinabalu and Nazib of Sipitang named the Federal Government and State Government as the first and second defendants, respectively.
They are seeking a court declaration that the Federal Government had failed and/or neglected to expeditiously and fully carry out the Borneonisation of the Federal public services in the State.
They also seek a declaration that the State Government had failed and/or neglected to take such legislative, executive and/or other action as may be required in furtherance for and to fully implement the assurances, undertakings and the recommendations contained in the Report of the Inter-Governmental Committee 1962 dated Feb 27, 1963 in so far as the assurance, undertakings and recommendations relate to the Borneonisation of the federal public services in Sabah.
The plaintiffs further seek a declaration that the first defendant had failed and/or neglected to advise the Yang Di Pertuan Agong under Article 153(2) of the Federal Constitution to ensure the reservation for Sabah natives such reasonable number of positions in the Federal services in Sabah.
They also seek a declaration that the first defendant had failed to fully implement the specific assurance and recomendation in paragraph seven of Annex B to the inter-Governmental Commitee (IGC) Report that the Sabah Chief Minister shall be consulted before the Federal Cabinet shall advise the Yang Di Pertuan Agong on the reservation of reasonable number of positions in the federal public service for the Sabah natives.
They also seek a declaration that the amendment to the Federal Constitution by the repeal of Article 161A(3) in 1971 is ultra vires Article 161E(2)(d) of the Federal Constitution as the said amendment in 1971 did not receive the concurrence of the Sabah Head of State.
They also seek a declaration that Sabahans and natives in Sabah have a legitimate expectation that the Borneonisation of the federal service in Sabah shall be fully and expeditiously implemented, costs and other relief.
Both Fong and Nazib referred to the Malaysia Agreement dated July 7, 1963, Malaysia Act 1963, the report of the IGC 1962, the 20 points Memorandum and the Memorandum of the Malaysia Solidarity Consultative Committee on Malaysia submitted to the Cobbold Commission and the Federal Constitution of Malaysia in their summons.
The hearing of the summons will take place in the High Court on Oct. 10 this year.
Fung, who resigned as inspector in 1980 after serving in the police force for 13 years, claimed that his resignation was because he was frustrated and demoralised as despite his qualification, dedication and hard work, he was consistently overlooked when it came to promotion to the higher position of Assistant Superintendent of Police and that he was ready to serve anywhere in the country.
"In spite of vacancies arising from time to time in Sabah and other parts of Malaysia, the vacancies were earmarked for officers from Semenanjung Malaysia despite the fact that there were qualified people like me and others from Sabah who could readily fill the vacancies.
"As a citizen from pre-Malaysia days, I have a chance to file this action against the Federal and State governments for failing to fullfill the promises, undertakings and assurances made to Sabah in 1962 and 1963 by Malayan leaders and the departing British colonial masters to implement Borneonisation as a matter of strict policy and constitutional requirements.
"We hope we can still fight for the rights and interests and autonomy of Sabah as envisaged in the formation of Malaysian 1963 and that my legal action today is for the future generations of Malaysians in Sabah.
"May we have the support of the people in our long journey to bring about a prosperous and harmonious country for Sabahans as promised by our founding fathers in 1963," said Fong in a statement after filing the suit.
Meanwhile, Nazib claimed that he had been deprived of the benefits of the assurances and undertakings provided in the various Malaysian constitutional documents relating to the promise of Borneonisation of the federal service in Sabah.
"I was a guru sandaran (temporary teacher) at SK Ulu Bole in Sipitang from 2002 to 2004. During that time, I tried very hard on three occations to be accepted in the Kursus Dalam Cuti which was specifically designed for working teachers like me to be trained as teachers while working.
"In early, 2005, my teaching job was abruptly terminated due to the discrimination of the Federal Government because as far as I know, there were teachers from Semenanjung Malaysia who were posted in various schools in Sipitang and other parts of Sabah after my service was terminated.
The termination of my service was unconscionable because there were vacancies for teachers at SK Ulu Bole and other primary schools in Sipitang and other parts of Sabah," said Nazib in a statement.
He claimed there were 200 Sabahan graduates with education degrees who were not considered for postings for available positions despite vacancies in the rural areas, which he had read from newspapers.
According to him, there were 5,245 unemployed graduates and diploma holders in Sabah.
He said these qualified Sabahans could have been employed in the federal service but only 38.33 per cent of the federal heads of department in Sabah are of Sabah origin.
According to him, only 77.9 per cent of the 66,597 federal civil servants in Sabah are of Sabah origin and that this excludes the armed forces.
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© Copyright 2011 Sabah Publishing House Sdn. Bhd
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