Lawsuit to nullify MA63 thrown out by High Court

The court complex in Kuching.

By Lian Cheng and Karen Bong

KUCHING, May 25: The Kuching High Court today struck out a lawsuit filed by 11 Sarawakians seeking to invalidate the Malaysia Agreement 1963 (MA63).

Judicial Commissioner Alexander Siew How Wai, in delivering his judgement, deemed the subject matter “unsustainable”, apart from pointing out that the 11 Sarawakians have no loci standi in bringing up the case.

He also explained that the Sarawak and Sabah are part of Malaysia as enshrined under the Federal Constitution and for the two regions to leave Malaysia, it would take the amendment of the Federal Constitution and not for the civil court to decide.

Following his judgment, the court ordered each applicant to pay a court cost of RM10,000 each.

The 11 Sarawakians filed the suit on Nov 24, 2011, with the intention of having the court assess the validity of the MA63 declaration and the legitimacy of Malaysia’s formation.

The defendants named in the lawsuit were the Malaysian, British, and Sarawak governments.

The plaintiffs argued that MA63 was an invalid treaty in accordance with international law, and thus sought legal recourse for Sarawak’s rights to freedom and independence as per the United Nations General Assembly resolutions 1514 and 1501.

However, on April 13, 2022, the Sarawak government filed an application to dismiss the suit on the grounds that the High Court had no jurisdiction to enforce or nullify an international treaty like MA63.

The legal counsels representing the 11 plaintiffs were Parti Bumi Kenyalang’s (PBK) president Voon Lee Shan and vice president Peli Aron.

The plaintiffs representing PBK are 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, and Alim@Giovanni Adlim Mideh. — DayakDaily