Kota Kinabalu: The High Court here fixed Sept 30 for mention on the Sabah Action Body Advocating Rights’ (Sabar) action to challenge the Territorial Sea Act (TSA) 2012 as the Federal Government had raised issues on whether the High Court here can hear the case and whether Sabar has the right to bring the lawsuit.
Judge Alexander Siew How Wai on Monday set the mention date via Zoom to fix a hearing date to hear the parties on the issues.
Monday was scheduled for a hearing on Sabar’s application for additional documents.
Judge Siew, however, stated that the defendant had raised certain issues from the beginning, including whether the Court has jurisdiction under Section 128 of the Federal Constitution read together with Section 23 of the Court of Judicature Act 1964 and whether the plaintiff has locus standi to maintain the lawsuit, in addition, certain statements have been made by the State Attorney General Chamber (SAGC) in the proceedings about its application to be Amicus Curiae.
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On September 2023, the originating summons was filed by Sabar Chairman Datuk Dr Johan Ariffin Samad disputing the validity of the TSA which limits the State’s maritime boundary to only three nautical miles and named the government of the Federation of Malaysia as the sole defendant.
The High Court on Sept 20, this year declined the offer of assistance of SAGC as amicus curiae. 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.
The plaintiff was represented by counsel Roland Cheng while Federal Counsel Fazriel Fardiansyah Abdul Kadir represented the defendant.
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