KUCHING, Nov 24: Parti Bumi Kenyalang (PBK) has today filed a lawsuit against the Sarawak, Malaysia and the United Kingdom governments questioning the validity of the Malaysia Agreement 1963 (MA63) and the legitimacy of the formation of Malaysia.
PBK president Voon Lee Shan said the lawsuit was filed at the Kuching High Court this morning.
He claimed that MA63 was an invalid treaty in accordance with international law, and thus is seeking legal recourse for Sarawak’s rights to freedom and independence as per the United Nations general assembly resolution 1514 and 1501.
Voon opined that Malaysia and the United Kingdom who are members of UN should respect international laws and any UN resolution.
“Without a valid MA63, there could not be Malaysia. MA63 must be valid in the first place.
“Without its validity, the formation of Malaysia could be declared by the court as an unlawful identity,” he said in his speech at a hotel here today.
Voon said at the time when MA63 was concluded in September 1963, Sabah and Sarawak were still colonies of Great Britain.
As colonies, he said, Sabah and Sarawak had no legal capacity to sign MA63.
Voon claimed the British set up the Cobbold Commission which consisted of five members as an approach to legitimise MA63.
He added none of the five members of the Cobbold Commission were from Sarawak and Sabah while two members from Malaya in the commission were just interested parties and the remaining members were British.
He opined that there were elements of fraud in the Cobbold Commission report which led to MA63.
“We want the court to declare the legality of the formation of Malaysia and the validity of MA63.
“Even if the Federal Constitution is amended, it should not be able to validate what was wrong,” said Voon.
Adding on, Voon disclosed that he has also written a letter to Chief Minister Datuk Patinggi Tan Sri Abang Johari Tun Openg on Nov 11 asserting that MA63 was invalid and to bring the matter to court to determine the legality of Malaysia.
However, until today, he said, Abang Johari who is supposed to be the custodian and trustee of Sarawak rights has kept quiet on the matter. — DayakDaily
