Kota Kinabalu: A civil action filed by Sabah Action Body Advocating Rights (Sabar) disputing the validity of the Territorial Sea Act 2012 (TSA), which limits the State’s maritime boundary to only three nautical miles, was heard in the High Court here Monday.
The originating summons filed in September this year by Sabar’s Chairman Datuk Dr Johan Arriffin Samad was mentioned on Monday for filing matters before Judicial Commissioner Datuk Faridz Gohim Abdullah.
The action filed by the plaintiff named the government of the Federation of Malaysia as the sole defendant.
In Monday’s proceedings, Federal counsel Fazriel Fardiansyah Abdul Kadir applied for one month of extension.
The Federal counsel informed the court that they needed more time to file an affidavit on the grounds that the case involved complex issues and the difficult interpretation of the Federal Constitution.
Counsel Roland Cheng, representing the plaintiff, suggested two weeks of extension but left it to the court to decide.
Faridz held that the matter involved complex issues and directed the defendant to file an affidavit-in-opposition within one month on or before Nov 14 and the plaintiff to file an affidavit-in-reply on or before Dec 14.
The court also directed submissions by parties to be filed simultaneously on or before Jan 4, 2023 and oral submissions on Jan 31, 2023.
The decision date is to be notified, said Faridz.
The plaintiff is seeking a declaration that the Continental Shelf Act 1966 and Petroleum Mining Act 1966 is inapplicable, unconstitutional, invalid, null and void in the territory of Sabah after June 19, 2012;
A declaration that the territory of Sabah, after the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes the continental shelf under the North Borneo (Alteration of Boundaries) Order in Council 1954;
A declaration that the Mining Ordinance 1960 is valid in Sabah after June 19, 2012;
A declaration that Section 3(3) Territorial Seas Act 2012 which limits the territorial waters of Sabah to three nautical miles is inapplicable, unconstitutional, invalid, null and void in Sabah as of June 22, 2012;
A declaration that the territorial waters of Sabah, after the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes the 12 nautical miles of sea under the Convention on Territorial Seas and Contiguous Zone 1958 and North Borneo (Definition Of Boundaries) Order In Council 1958; cost and any further or other relief deems fit.
