KUCHING – The high court here has struck out a civil suit brought by 12 Sarawakians which sought to declare the Malaysia Agreement 1963 as null and void.
Delivering his judgment today, justice Alexander Siew said the suit filed by the plaintiffs, who were represented by lead counsel Voon Lee Shan, was unsustainable.
“The plaintiffs have no locus standi (the right or capacity to bring a legal action) in respect of the issues raised in the Malaysia Agreement 1963. Insofar that these issues concerned Sarawak, the government of Sarawak has requisite locus standi,” he said.
According to judge Siew, the federal constitution as the nation’s supreme law had stipulated Sabah and Sarawak as part of Malaysia, and the two regions could not be ceased from being part of the federation without the necessary amendments to the constitution, which require two-thirds majority support in Parliament.
“This court cannot disregard or rewrite the federal constitution, which the court will be guilty of doing if the court were to grant the declaration that is being sought in this suit,” he said.
The court also ordered the plaintiffs to pay RM10,000 in costs to the federal and Sarawak governments, which they had named as defendants in the suit.
Senior federal counsel Shamsul Bolhassan appeared as lead counsel for the federal government while Sarawak legal counsel Datuk Seri J.C. Fong led the state government team.
Dorus Katan Juman @ Theodorus Katan, Hugh Lawrence Zehnder, Xavier Ginafah Sidop, Jemain Uji, Belayong Nyandang, Kalai Sibok, Yu Chin Liik, Chieng Kung Chiew, Changieng Mapang, Ahmad Awang Ali, Alim @ Giovanni Adlim Mideh, and Nor Nyawai filed the suit in November 2011. – Bernama, May 25, 2023
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