Thursday 18 November 2010

TURKEY MEAT ‘TRADE WAR’ UNCONSTITUTIONAL



By: DATUK YONG TECK LEE

LOSSES suffered by turkey meat exporter in Sabah could have been avoided if the federal officers concerned had been properly educated on the Malaysian Constitution and the rights of Sabah as contained in the Malaysia Agreement 1963.

Then, ‘Little Napoleons’ would realize that their acts of ‘Trade War’ in preventing exports of turkey meat from Sabah to Peninsula Malaysia are unconstitutional and that action can be taken against officers who abuse their powers in hindering trade. Hence, a repeat of such abuses must be prevented.

In the same way that each state has their own Ruler and rights and privileges, Sabah and Sarawak’s rights over veterinary services and animal husbandry are contained in the Ninth Schedule (List III Concurrent List) under Article 74 of the Federal Constitution.

This is nothing new because the same provisions have been in force ever since 1963. Such constitutional arrangements and its efficient implementation have real impact on ordinary businesses.

To some government departments, business losses are not felt. But to the business community, a total loss of goods of RM 200,000 could kill an entire company and send many people to joblessness and bankruptcy. Delays and inefficiency are unnecessary costs that frustrate our economic development.

Businesses in Sabah are already burdened with much higher costs, more bureaucracy and a weak delivery system. Most international trade permits have to be approved by Putrajaya on a case by case basis. Although some agencies (like the Malaysian Industrial Development Authority) are efficient and try their best to help, the sheer volume of paper work, compliance with countless regulations and travel to Putrajaya inflict prohibitive costs on the economic efficiency of Sabah.

Added to these man-made costs, are the higher costs imposed on Sabah due to the cabotage policy on shipping, higher electricity tariffs, unreliable water supply and a chaotic foreign worker policy. It is no wonder that Sabah has become the poorest State in Malaysia.

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