A special day holds great significance as it marks important events in your life, such as your birthday or an anniversary. It is worth noting that the Sabah State Legislature has officially declared August 31 as Sabah Day.

But what does it mean for August 31 to be Sabah Day? This has not been clearly explained or interpreted regarding the significance of the date. To understand this, we need to delve into history and the government system.

1. The Malaysia Agreement was signed by all parties on July 9, 1963, after the signing of the Intergovernmental Committee (IGC) report. The agreement outlined the terms and conditions for the formation of Malaysia, with the commencement date set for August 31, 1963. Malaya saw this as a transfer of sovereignty from the British to the Federation of Malaya, but this understanding is both correct and incorrect.
2. On July 31, 1963, the British Parliament passed the Malaysia Act Chapter 35, officially acknowledging the new states of North Borneo, Sarawak, and Singapore. State recognition is a crucial tool under international law, and this act made the Federation of Malaya responsible for these former crown colonies as agreed. The Malaysia Act Chapter 35 is an important legal document that only the rightful owner can enact on their territory.
3. Between June 7-11, 1963, a series of discussions took place among the Federation of Malaya, Indonesia, and the Philippines. President Macapagal of the Philippines laid claim to Sabah under the defunct Sulu Sultanate, while President Sukarno of Indonesia feared new Western colonization spreading in Asia. This led to the signing of the Manila Accord among the three on July 31, 1963. However, the British did not recognize or participate in this agreement, as they had already passed the Malaysia Bill in Parliament. The ownership and obligations were clear with the British.

The members of the Manila Accord protested and asked for United Nations intervention to determine the wishes of the people regarding the formation of Malaysia. On August 12, 1963, the United Nations dispatched eight secretariat members to Borneo.

The commencement of the Malaysia Agreement, initially set for August 31, 1963, was postponed until the United Nations mission in Borneo was completed. The United Nations proclaimed the formation of Malaysia under a new approach with UN resolution 1541 (XV) Principle 9. Therefore, the Malaysia Agreement commenced on September 16, 1963.

Between August 31 and September 15, 1963, North Borneo remained under British rule. The Governor resided in the State Residence, and the Union Jack flags still flew on the mast. This indicates that North Borneo was under a “Caretaker Government” until the new commencement date.

Is North Borneo a self-governing state? Yes, but it had not achieved independent status. The evidence lies in the State Constitution attached to the Malaysia Agreement 1963. North Borneo had functioning state laws in the form of State Ordinances and a state legislature that fulfilled the requirements for self-governance.

Singapore tested the Malaysia Act Chapter 35 in 1965 by declaring its exit and independence from the Federation of Malaya. This led to British intervention, as the agreement between the two affected the newly minted Malaysia Agreement 1963. Singapore had to wait a full year until the British Parliament passed its independence bill called the “Singapore Act 1966.” Hence, Singapore celebrates Singapore Day on August 9 every year.

So, what is the significance of Sabah Day on August 31? What are we commemorating on that day?