NGOs disappointed by High Court's striking out MA63 suit by 11 Sarawakians

FOR IMMEDIATE RELEASE 07 June 2023

STATEMENT ON THE BORNEO HIGH COURT DECISION ON THE LEGAL SUIT ON

THE MALAYSIA AGREEMENT 1963 

We, the Sabah Sarawak Rights Australia New Zealand (SSRANZ) NGO and the Republic of

Sabah North Borneo NGO, Borneo’s Plight in Malaysia Foundation (Bopimafo) NGO and the

NGOs and persons herein stated below express our deep disappointment with the decision of the Borneo High Court on 25 May 2023, in striking out the Malaysia Agreement 1963 (MA63) case filed by 11 plaintiffs against the United Kingdom, Malaysia and Sarawak governments respectively.

The case was brought to restore Sabah and Sarawak people’s right to national self-determination for independence.

 

We firmly believe that this decision does not adequately address the significant concerns and fundamental issues raised over MA63 validity as an international agreement by the plaintiffs and fails to uphold the principles of justice and fairness and international laws that should guide such matters. 

As such we believe that the MA63 case is incontrovertibly supported by the principles of

international law on the right to self-determination and legal capacity to make treaties as re-affirmed by the International Court of Justice in the Chagos Islands case 2019. 

In our opinion, it is imperative that these issues are thoroughly examined and resolved for the well-being and future of the people of Sabah and Sarawak.

The Borneo High Court's decision to strike out the suit and dismiss the case based on the grounds of lack of locus standi and insufficiency of evidence raises serious questions about the accessibility of

justice and the protection of entrenched fundamental constitutional and human rights. 

As a matter of public interest, the plaintiffs, representing the interests and aspirations of the people of Sabah and Sarawak, deserve a fair and open hearing to address the validity issue and implications of the Malaysia Agreement 1963 which took away their independence and 60 years in Malaysia which

have brought little benefit but adversely affected the two nations from 1963.

We firmly maintain that the claims of MA63 invalidity are justified and of fundamental public interest because when MA63 was signed on 9 July 1963, Sabah Sarawak and Singapore were colonies and not sovereign independent states with the capacity to make such a binding international agreement, and the claims of fraud and misrepresentation surrounding the agreement require a thorough judicial examination and due consideration.

If MA63 was invalid, there would be no legal basis for Malaysia and in reality, the takeover of their sovereignty would be illegal and

amount to the annexation of these countries. 

The Malaysia Agreement 1963 (if valid) is a crucial historical and supreme founding document that purportedly authorised the creation of Malaysia in which the ruling colonial power master Great Britain colluded with and aided Malaya’s take over of Sabah and Sarawak sovereignty ostensibly guaranteed by the entrenchment of the constitutional rights that adversely changed the political

landscape of Sabah and Sarawak.

 

The claims made by the plaintiffs regarding the manner in which the agreement was entered into and the absence of the people's consent freely and voluntarily given in the exercise of their right to choose their own destiny through a referendum and the imposition of Malaysia under coercive emergency conditions must be given the serious attention they deserve.

Therefore, we call on the litigants to appeal this decision in pursuit of the public interest and in the quest for justice and transparency, although this is purely their decision to do so. 

The court decision was anticipated and is only one obstacle we all must face in the process of

exhausting the available legal remedies locally to seek justice and freedom and that we have acted in good faith. Only when this is done ought we proceed to seek remedies from international courts or tribunals. 

Of course, there is nothing to stop patriots to separately exploring these avenues and

conducting international awareness campaigns as has been done over the past 10 years in the United Kingdom, Australia, New Zealand and Asia Pacific regions.

Whether the litigants will appeal or not, we remain committed to upholding the principles of justice, fairness, and the pursuit of truth, and we are determined to exhaust all available legal avenues to ensure that the legitimate aspirations for real self-determination and rights of the people of Sabah and Sarawak are upheld.

We therefore call upon the public to continue supporting our efforts to seek legal redress through all avenues that are open to us including the Sabah and Sarawak governments. We encourage individuals, civil society organisations, and stakeholders who share our concerns to stand together

in demanding a fair and comprehensive examination of the legal and historical aspects of the Malaysia Agreement 1963.

Finally, we call on the Sabah and Sarawak public to express their patriotism and determination to seek justice and freedom by donating according to their generosity and ability to a legal fund to assist with payment of the court legal costs of RM10,000.00 to the Sarawak government and RM10,000.00 to the federal government respectively.

 

All donations should be paid to the following Legal Trust account of the Voon & Co Advocates’ office:

Client Account for MA63

Voon & Co. Advocates

MBB 511038621435

(MBB means Malayan Banking Account)

Any enquiries about this should be directed to Voon & Co Advocates on the contact details

below.

Voon & Co Office contact Phone: +6082-528661

Fax:+6082-543799

We thank you all for your continuing support.

For media inquiries or further information, please contact:

Robert Pei

President SSRANZ 

Mosses Paul Anap

President Republic of Sabah North Borneo

Daniel Jambun President of the Borneo’s Plight in Malaysia

Foundation (Bopimafo)

Emily Elvera Edward

Woman Council Office & Secretariat.

Sabah Sarawak Borneo Natives Organisation Incorporated of Australia.

Endorsed by: NGOS & individuals

1. Jovilis Majami

President 

Persatuan pembangunan sosial komunity Sabah. 

2. Cleftus Stephen Mojingol 

President Pertubuhan Kebudayaan Rumpun Dayak Sabah. 

3. Waynin Setimin President Pertubuhan Prihatin Mualaf Sabah. 

4. Ricky Ganang 

Penasihat - Forum Adat Masyarakat Dataran Tanah Tinggi Borneo (FORMANDAT)

5. Yu Chin Liik Life President of PBK