MA63: 'Only the State Govt can bring to court'
Published on: Tuesday, September 19, 2017
Kota Kinabalu: Momogun Movement for Self-Determination (Mosik) insists that if anyone wants to bring the issue of the Malaysia Agreement 1963 to court, it should be the State Government.Its Deputy President Mike Marajin said in a statement that only the State Government has the locus standi to bring the matter to court, being a signatory of MA63, and not individual Sabahans.He was referring to report on a call made by the Chairman of Gerakan Akar Umbi Umno Malaysia (Gaum) to bring the MA63 issue to court if anyone was unhappy about it.ADVERTISEMENT "This suggestion by him should not be directed to any individuals. In fact, it should be challenged by the State Government of Sabah to apply for a court declaration that either the MA63 has been breached by the Malaysian Government, or the MA63 was void ab initio."He pointed out that the decision by the court in the Borneonisation case was clear when two Sabahans (Fung Fon Chen @ Bernard and Mohd Nazib Maidan Dally v The Government of Malaysia and the Government of the State of Sabah) who brought an action in court against the Malaysian Government to protect their rights under the MA63 was dismissed for lack of locus standi.He said it is for this reason that Sabahans must now take the golden opportunity to form a new Sabah State Government to enable the State Government to be a proper plaintiff should the issue of bringing the MA63 arise again.He opined that the matter can be resolved politically without resorting to court action.ADVERTISEMENT "But in the event that no solution could be found by way of political means only then the court becomes the last venue as a form of resolution," he said.He added that Sabahans, however, cannot expect the BN State Government to bring the Malaysian Government to court.
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Instead, he said, the new State Government formed after the 14th general election must consist of local political parties whose leaders are committed to bring back the lost rights under the MA63 to the people of the State."We can't expect Malaya-based political parties or Malaya allied political party or parties to do this for us as they are remote-controlled by their masters in Kuala Lumpur," he said.