Kuching High Court strikes out suit to declare MA63 null and void

KUCHING: The High Court here has struck out a civil suit brought by 12 Sarawakians, which sought to declare the Malaysia Agreement 1963 (MA63) as null and void.

Delivering his judgment today (May 25), Justice Alexander Siew How Wai said the suit filed by the plaintiffs, who were represented by lead counsel Voon Lee Shan, was unsustainable.

"The plaintiffs have no locus standi in respect of the issues raised in the Malaysia Agreement 1963. In so far that these issues concerned Sarawak, the Government of Sarawak has requisite locus standi," he said.

According to him, the Federal Constitution being the supreme law of this nation 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 the lead counsel for the Federal Government while Sarawak State 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

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