ALOR SETAR – The Kedah government has completed all historical documents, research findings and legal groundwork related to its claim to review the lease payment rate for Penang and is now only waiting for the right time to move to the next phase.
Kedah Menteri Besar Datuk Seri Muhammad Sanusi Md Nor said all preparations for the claim had been completed by the state’s research and legal teams after undergoing a comprehensive study process.
He said the findings from the study were also presented to the State Executive Council (exco) and received approval to serve as the basis for the claim.
“I am satisfied with what has been prepared by our research and legal teams. The matter was also presented to the exco members and they were satisfied with it as well.
“All the documents are ready, but we are currently considering the most suitable time to submit them,” he said in a podcast aired on Tuesday.
On July 5, Kedah ruler Sultan Sallehuddin Sultan Badlishah called on the Federal Government to review the lease payment rate for Penang based on the current rate, in accordance with the spirit and original intent of the agreement.
The ruler said the lease payment received by the Kedah government at present was far lower than what it should be, adding that Kedah’s rights and sovereignty as enshrined in the Federal Constitution must be respected by all parties.
The decree was delivered during the Congratulatory Address and Presentation of State Honours and Awards ceremony in conjunction with the 84th birthday celebration of the Kedah Sultan at Istana Anak Bukit here.
Sanusi said the state government needed to consider the current situation before submitting the documents to ensure the process could take place in a more conducive environment.
However, he declined to reveal the full strategy that would be used as it involved legal matters.
“We need to consider whether the current time is suitable or whether we should wait a little longer. If it is done now, we know there will be parties defending their respective positions.
“We want this process to take place in a more neutral environment so that all findings and arguments can be assessed fairly. There are several methods that will be used, but I cannot reveal everything at this stage,” he said.
He said among the channels being considered were legal action through the courts, bringing the matter to the Conference of Rulers and negotiations with the Federal Government.
Responding to claims that the state government only wanted to obtain additional payments from the Federal Government, Sanusi stressed that such a perception was inaccurate.
He said the effort was not aimed at obtaining “free money”, but rather to ensure that the lease payment rate was reviewed according to its appropriate value as it had never been revised since 1786.
“This is not about free money. We are only demanding Kedah’s rights. If those rights are recognised, then the payment should be made according to the proper rate as decreed by the Kedah Sultan,” he said.
He said the state government’s ongoing efforts would also provide an opportunity for the public to better understand the historical relationship between Kedah and Penang based on old documents that had been discovered.
He added that the state government’s research team had uncovered various historical documents more than 200 years old that had rarely been highlighted to the public.
“We are not only seeking our rights, but at the same time educating the people about the state’s history. Many old documents still exist and are now being brought forward again,” he added.
Sanusi said the state’s claim was also based on an issue that had remained unresolved since before the country achieved independence.
He explained that at the time, the priority was to secure independence first, after which the Penang lease issue would be renegotiated.
“The matter was also recorded in the Hansard and after independence, the issue became silent. I believe this history is very important because it forms the basis of the claim we are submitting today,” he said.
He said the lease payment was the responsibility of the Federal Government as provided under Article 167 of the Federal Constitution.
The article concerns the Federation’s obligations towards agreements or treaties binding the states before independence.
“The payment rate began at RM10,000 before it was increased to RM10 million annually during the administration of Tun Dr Mahathir Mohamad, but it has never been reviewed since then.
“Next year marks 70 years, but it has never been discussed again. Why was it left untouched? Because no one wanted to talk about it,” he said.