Kuala Lumpur: Tuaran Member of Parliament, Datuk Seri Wilfred Madius Tangau (pic), has raised constitutional concerns over the implementation of the Malaysia Border Control and Protection Agency Act 2024 (AKPS) in Sabah, demanding proof that the State’s formal consent was obtained as required under the Federal Constitution.
He said the issue goes beyond administrative consultation and centres on whether the Federal Government complied with constitutional requirements governing Sabah’s rights and autonomy.
Madius said he had sought a clear confirmation on whether the Sabah Government had formally consented before the Act was extended to the State.
He noted that the Minister had replied that the Sabah Government was consulted, provided feedback, participated in engagement sessions and agreed to hand over nine entry points to AKPS.
However, he argued that consultation and engagement do not amount to constitutional consent.
According to Madius, the key question is whether the Act’s implementation complies with constitutional provisions, particularly those relating to Sabah’s special rights under the Malaysia Agreement 1963 framework.
He said the Minister’s reply also failed to address key constitutional elements, including Article 161E, the role of the Yang di-Pertua Negeri, the requirement for State Government consent and State Cabinet approval.
Madius questioned why a simple “Yes” or “No” could not be given if the necessary constitutional consent had in fact been obtained.
He stressed that the matter concerns constitutional interpretation rather than political disagreement, and involves safeguarding Sabah’s autonomy within the federation.
As Tuaran MP, he said he would continue pressing for explicit confirmation that all legal and constitutional requirements for implementing AKPS in Sabah had been fulfilled.
He added that constitutional rights must be demonstrated through clear and formal approvals, not inferred from consultations or engagement processes.
“The central question remains whether Sabah’s formal consent was obtained before AKPS was enforced and expanded in the State,” he said.
