Sabah, Sarawak can sue Putrajaya if MA63 not implemented

Sabah, Sarawak can sue Putrajaya if MA63 not implemented

Sabah Law Society president Brenndon Soh says this is provided for under Article 8 of MA63, but warns that it could derail the ongoing review process.

A crowd gathers in Kuching on Jan 19, calling for the restoration of Sarawak’s rights under the Malaysia Agreement 1963. (Bernama pic)
KOTA KINABALU:
A law expert says Sabah and Sarawak have the option of suing the federal government if the recommendations of the Inter-Governmental Committee (IGC) are not fully implemented.

Sabah Law Society president Brenndon Soh said this is provided for under Article 8 of the Malaysia Agreement 1963 (MA63), which allows the states to take any action necessary to implement the IGC recommendations.

“I believe it is quite clear that our court has the jurisdiction to hear disputes between Sabah and Sarawak and the federal government, as happened before with Kelantan and Terengganu.

“I am not subscribing that such action should be done. But the judiciary is there to interpret and to clarify disputes and definitions involving the special rights and revenues due to the states,” he said when met after a panel discussion organised by IDS Sabah here yesterday.

However, he also noted the steering committee formed last year, urging stakeholders including members of the public not to derail its efforts.

Sabah Law Society president Brenndon Soh.

This includes suggesting other avenues for resolving the issues of state revenues and special rights due to Sabah.

Soh said this committee, along with the technical and working committees, should be given space to carry out their duties. This would allow the people to see if they are able to reach a consensus on what is due to Sabah and Sarawak.

“The more the public is aware about the rights afforded to Sabah and Sarawak, the better it is.

“It is the public who are ultimately affected. So it is the public who should have the right to know. They should have a voice in this,” he said.

If all else fails, he added, an independent assessor can be appointed under Article 112D (6) of the Federal Constitution whose recommendations will be final and binding.

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