Sabahans file summons on Borneonsation, seeking 8 court declarations

By Ezra Haganez
KOTA KINABALU: Two Sabahans filed Monday (Aug 8) a summons at the High Court here seeking eight declarations against the Federal and State Governments, on the issue of their failure to implement "Borneonisation" of the federal public services in the state.

Borneonisation of federal services in Sabah is one of the 20 Points agreement, and is also assured and recommended in the Report of the Inter-Governmental Committee (IGC) in 1962 as conditions for Sabah (then North Borneo) to be co-partner with Malaya, Singapore and Sarawak in forming a new federation called Malaysia in 1963.

Plaintiffs in the summons are Mohd Nazib Maidan Dally, 35, and Bernard Fung Fon Chen, 70. The summons was filed through their counsel Peter Marajin at the Kota Kinabalu High Court here today.

The Federal and State governments are the first and second defendants in the suit respectively.

Met after filing the summons at the court registry, Marajin said hearing had been fixed on October 10, 2011 before High Court judge, Justice David Wong Dak Wah. 

This is the first time since Malaysia's birth in 1963 that such summons had been filed against the federal and state governments regarding the Borneonisation issue. Observers believe this will be closely-watched case as it has effect on the country as a whole and a test to Sabah's autonomy as agreed in 1962 and 1963.

The summons seek the following :-

• A declaration that the Federal Government had failed and/or neglected to expeditiously and fully carry out the Borneonisation of the federal public services in Sabah;
• A declaration that the State Government had failed and/or neglected to take such legislative, executive and/or such other actions as may be required in furtherance of and to fully implement the assurances, undertakings and the recommendations contained in the Report of the Inter-Governmental Committe (IGC), 1962 dated 27th February, 1963 in so far as the assurances, undertakings and the recommendaions relate to the Borneonisation of the federal public service in Sabah and which are not implemented by express provision of the Constitution of Malaysia;
• A declaration that the Federal had failed and/or neglected to advise the Yang di-Pertuan Agong under Article 153(2) of the Federal Constitution to ensure the reservation for the natives of Sabah such reasonable number of positions in the public services of the Federal Government, in particular in Sabah;
• A declaration that the Federal had failed to fully implement the specific assurance and recommendation in paragraph 7 of Annex B to the IGC Report that the Chief Minister of Sabah shall be consulted before the Federal Cabinet shall advise the Yang di-Pertuan Agong on the reservation of reasonable number of positions in the federal public service for the Natives of Sabah
• A declaration that the amendment to the Federal Constitution by the repeal of Article 161A(3) by Section 8 of the Constitution (Amendment) Act 1971 (Act A30) is ultra vires Article 161E(2)(d) of the Federal Constitution as the said amendment did not receive the concurrence of the Yang di-Pertua Negeri of Sabah;
• A declaration that the State Government had failed to take such executive or other appropriate action as shall be necessary to implement the assurance and recommendation contained in paragraph 7 of Annex B to the IGC Report that before advice by the Federal Cabinet is given to the Yang di-Pertuan Agong in respect of the exercise of his powers under Article 153 such advice in relation to Sabah shall be given only after consultation with the Chief Minister of Sabah;
• A declaration that the Natives of Sabah or the people belonging to Sabah have legitimate expectation that the Borneonisation of the federal public service in the state in terms of the assurances and undertakings in the IGC shall be fully and expeditiously implemented;
• Costs, or such further or other relief as the Court may deem fit and proper to grant.

The summons was supported by affidavits of the respective plaintiffs.

Met at the court, both Mohd Nazib and Bernard said they are filing their summons to stop further erosion of Sabah rights and privileges. "We are doing this not only for ourselves and the state but for our future generations so that they will be given fair treatment as contained in Malaysia agreements..." said Bernard, a police pensioner.