This Time I Agree With Lim Kit Siang

Hantu Laut

For once I agree with Lim Kit Siang on his recent posting here.This is the kind of thing that MPs should be doing instead of wasting time trying to run down their opponents.They should spend more time voicing the anomalies in Parliament and get elected members to review and amend the Constitution.

These kinds of ambiguities in the Constitution are putting spanners in Najib's 1 Malaysia.The Prime Minister should immediately look into the misalignment of the definitions of bumiputras in Sarawak under the Federal Constitution.

Unlike, Sabah state constitution which carries the definition of bumiputras under Article 41(10) the Sarawak constitution seems to be silent on the definitions depending only on the Federal constitution for its interpretation

I reproduced Article 161A(6)below.

161 6) In this Article "native" means-

❍ (a) in relation. to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is of mixed blood deriving exclusively from those races; and

❍ (b) in relation to Sabah, a person who is a citizen, is the child or grandchild of a person of a race indigenous to Sabah, and was born (whether on or after Malaysia Day or not) either in Sabah or to a father domiciled in Sabah at the time of the birth.

Clause 7 says:

● (7) The races to be treated for the purposes of the definition of "native" in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabit, Kayans, Kenyags (Including Sabups and Sipengs), Kajangs (including Sekapans,. Kejamans, Lahanans, Punans, Tanjongs dan Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.

In Sarawak, it seems you are only considered bumiputra if you are offspring of native parents mentioned under Clause.7.Mixed marriages between natives and non-natives, unfortunately, don't fall into that category at all.

The blame lies squarely on Sarawak leaders and lawmakers for not taking the issue to Parliament to get the relevant article in the Federal constitution amended.

Someone should find out whether Taib Mahmud's children are bumiputras.His late wife was not a native of Sarawak, so by definition of Article 161, they should not be bumiputras.

Article 161A(6) certainly need amendment and I am sure Lim Kit Siang and his gang would support the amendment.

In Sabah the same problem occurs among Sino-Kadazan especially those with Chinese fathers and having Chinese surnames.By right they should have been bumiputras because one of the parents are natives but many have suffered the indignity of being told by West Malaysian officers that they are not bumiputras when they applied for ASB (Amanah Saham Bumiputra) or bumiputra loans for those wanting to go into business and, even worse, there were those unable to inherit NT (Native Titles) land from their parents.

This is the most nonsensical and gross injustice that one can think of.... not being able to inherit what rightfully is one's inheritance because of some stupid law.