If it had, then it was capable of enacting or passing its own laws, legislations, statutes or enactments / ordinances. In other words, it was capable of making its own decisions on self determination.
If it did not have, then who passed those major constitutional laws? Which legislature or DECISION MAKING BODY enacted or passed them?
Note that even if the Cobbold Commission Referendum was 100% in favour of joining Malaysia, it still needed to be tabled and debated in the North Borneo Legislature.
But was the Cobbold Commission results tabled in the North Borneo Legislature aka State Legislative Assembly?
No. It was tabled and debated in the BRITISH PARLIAMENT and subsequently given the force of law through the MALAYSIA ACT 1963 enacted and passed by the British Parliament.
Why? North Borneo did not have its own DECISION MAKING BODY aka Parliament aka Legislature aka State Legislative Assembly then. It only had such a legislature much later on the 25.09.1963 when the Sabah State Legislative Assembly was established.
So once again, who decided for and on behalf of North Borneo to join Malaysia? The answer is, GREAT BRITAIN, not the Government of North Borneo or the People of North Borneo as it had not yet gained full independence at that time.
This means, North Borneo or Sabah was effectively ceded to Malaya by the British to be recolonised as it simply did not have the locus standi or capacity to sign the MALAYSIA AGREEMENT on the 09.07.1963 (MA63), let alone join Malaysia in its own right as an independent nation on the 16.09.1963.
Source: Jack Situn II
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