Kuching High Court postpones decision on suit seeking to nullify MA63


Peli speaking to reporters at the courthouse. – Photo by Chimon Upon

KUCHING (May 5): The High Court here today postponed the decision on a suit filed by 12 people seeking to nullify the Malaysia Agreement 1963 (MA63).

It is understood the plaintiff and defendant’s counsels were told by the court’s staff that the delivery of the decision was postponed today and no new date has been given yet.

The plaintiffs’ counsel, who is also Parti Bumi Kenyalang deputy president, Peli Aron today expressed his disappointment as the suit was filed to challenge or bring to light the MA63 issue.

“We don’t know whether the judge has made a decision today. We don’t know anything about that so naturally, people are very disappointed with this because I think we deserve to be treated better than this.

“The rule is that if you postpone anything, please give one week’s notice for people because people come all the way from places like Sibu, Sri Aman, Miri and so on – there are expenses incurred,” he said when met by reporters.

He added that the issue is a matter of public interest for the whole of Sarawak and further lamented the suit had been adjourned for at least three times, including today.

The suit filed by the plaintiffs is led by Dorus Katam Juman on the grounds that MA63 is null, void and invalid and that Sabah and Sarawak are entitled to exit from the Federation of Malaysia “for independence”.

Previously, the plaintiffs through their counsel Voon Lee Shan submitted that MA63 was entered into by North Borneo (Sabah) and Sarawak through fraud and misrepresentation by the United Kingdom and Malayan governments without according the people the freedom to choose whether they wanted to join Malaysia through a referendum

The 12 plaintiffs have named the governments of Malaysia, the United Kingdom and Sarawak as respondents.

The state government is represented by state legal counsel Dato Sri JC Fong while the 12 plaintiffs are Dorus, Hugh Lawrence Zehnder, Nor Nyawai, Xavier Ginafah Sidop, Jemain Uji, Belayong Nyandang, Kalai Sibok, Yu Chin Lik, Chieng Kung Chiew, Changieng Mapang, Ahmad Awang Alim and Alim @ Giovanni Adlim Mideh.

The suit is heard before Judicial Commissioner Alexander Siew How Wai.