Kota Kinabalu: The Sabah Law Society (SLS) welcomed and commended the State Government for deferring the implementation of the Malaysia Border Control and Protection Agency Act 2024 (Act 860), describing the move as a constitutionally prudent decision, said SLS president Datuk Mohamed Nazim Maduarin (
pic) on Wednesday.
He said the State Cabinet had demonstrated legal foresight by prioritising constitutional certainty over administrative speed in safeguarding Sabah’s rights under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
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Nazim said the SLS concurred with the State Government’s assessment that Act 860, in its current form, presented significant legal complexities concerning Sabah’s autonomy following an independent review by the society.
He said Section 6(3) of the Act created a statutory incongruity by requiring the new agency to follow State directions only through the Director of Immigration, despite the agency being intended to assume the frontline role of the Immigration Department.
Nazim said Sabah’s “Special Law” status under Part VII of the Immigration Act 1959/63 required the State Authority’s power of direction to be direct, clear and legally certain to ensure effective enforcement.
He said the State Government had also acted prudently in highlighting inconsistencies between Act 860 and the Immigration Act 1959/63, which he described as a “Special Law” forming part of Sabah’s constitutional framework.
Nazim said any attempt to centralise border enforcement must be strictly harmonised with existing constitutional safeguards to avoid exposing frontline officers to legal challenges involving jurisdiction and authority.
He said the SLS stood ready to assist during the deferment period through legal expertise, comprehensive legal audits and the formulation of operational protocols to ensure any future border framework remained constitutionally sound and consistent with the original constitutional intent of 1963.
