Sabah Law Society backs state govt’s delay to federal border agency rollout over autonomy concerns 

KOTA KINABALU, May 15 — The Sabah Law Society (SLS) has expressed support for the state government’s decision to defer the implementation of the Malaysian Border Control and Protection Agency (AKPS), describing the move as necessary to safeguard Sabah’s constitutional rights and immigration autonomy.

Its president Datuk Mohamed Nazim Maduarin said the State Cabinet’s decision demonstrated “legal foresight” by prioritising constitutional certainty over administrative expediency, particularly in matters involving Sabah’s special safeguards under the Federal Constitution and the Malaysia Agreement 1963 (MA63).

“The deferment is not merely a matter of administrative convenience, but a constitutional necessity to prevent constitutional and operational uncertainty,” he said in a statement issued on Wednesday.

Nazim said the SLS concurred with the state government’s assessment that the Malaysian Border Control and Protection Agency Act 2024 (Act 860), in its current form, posed significant legal complexities in relation to Sabah’s autonomy.

Among the concerns raised was Subsection 6(3) of Act 860, which stipulates that the new agency would follow state directions only through the director of immigration.

He said this created an “indirect command” structure that lacked the legal certainty required for effective enforcement should the agency eventually assume the frontline role currently performed by the Immigration Department.

“The SLS asserts that for Sabah’s ‘Special Law’ status under Part VII of the Immigration Act 1959/63 to be substantive, the State Authority’s power of direction must be direct, clear and legally certain,” he said.

Nazim also pointed to inconsistencies between Act 860 and the Immigration Act 1959/63 (Act 155), which he described as a “Special Law” forming part of Sabah’s constitutional framework.

He cautioned that any federal move to centralise border enforcement must be harmonised with existing constitutional protections, warning that failure to do so could expose enforcement officers to legal disputes over jurisdiction and authority.

“To proceed without such harmonisation would have left our frontline officers vulnerable to legal challenges concerning jurisdiction and authority, and unnecessary legal exposure,” he said.

Nazim further described the state government’s insistence on legal clarity rather than verbal assurances as an important affirmation of the rule of law in Sabah.

He stressed that constitutional safeguards must be reflected clearly in legislation and not left to administrative discretion.

“The validity of any future border management model is contingent upon its absolute harmonisation with Sabah’s constitutional autonomy; operational efficiency should never override constitutional safeguards,” he added.

The SLS also expressed readiness to assist during the deferment period, including by contributing legal expertise towards a comprehensive legal audit and the formulation of operational protocols.

“Our objective is to ensure that any future border framework is not only efficient but constitutionally sound and fully honours the original constitutional intent of 1963,” Nazim said. — The Borneo Post