Kota Kinabalu: NGO Sabah Action Body Advocating Rights (Sabar) hopes to raise more than RM500,000 to finance its Continental Shelf court case as well as the 40pc revenue entitlement claim.
It held a meeting with Sabah MPs, Senators and Assemblymen at the Sabah Golf and Country Club on Tuesday to brief them on the matter.
Sabar’s lawsuit disputes the validity of the Territorial Sea Act (TSA) 2012, which limits the State’s maritime boundary to just three nautical miles, and hopes for financial contributions or donations, including from the lawmakers.
The Malaysian Government was named as the sole defendant in the court case.
Lawyer Roland Cheng said a substantial sum is needed to engage a legal expert to give an opinion in court as the Federal Government has engaged its legal expert in the case, to argue that Sabah is not entitled to claim its continental shelf.
The 40pc case is pursued by his colleague Jayen Marimnuthu.
Cheng explained that he is handling the court case on a pro bono basis. “I am not charging any legal fees,” he told those attending the Memorandum of Joint Support Signing CeremonyCheng said many international and constitutional law experts in Malaysia have declined to assist Sabar in its case because they have given advice to the Federal Government.
“We are looking at some international law experts like from Singapore and New Zealand, but even getting a bare opinion costs money,” he said.
The response from the MPs was encouraging with independent Kudat MP Datuk Verdon Bahanda being the first to respond donating online vide the Sabar QR code.
Tuaran MP Datuk Wilfred Matius Tangau, Ranau MP Datuk Jonathan Yasin, Keningau MP Datuk Seri Dr Jeffrey Kitingan, Senator Nelson W. Angang, Senator Edward Linggu, Senator Anifah Aman, Paginatan Assemblyman Rusdin Riman and Nominated Assemblyman Datuk Roger Chin signed the “Joint Memorandum.
Sabar has filed an Originating Summons (OS) regarding the constitutional validity of the Continental Shelf Act 1966 and Territorial Seas Act 2012 in Sabah only without affecting the validity of the same in other parts of Malaysia.
Accordingly, the lawmakers pledged that: “We understand that Sabar’s OS requires legal expertise on international law and constitutional law which is not easily available in Sabah.
“Such legal expertise is very expensive and time consuming. We hereby support Sabar’s OS to the best of our financial ability and that of our constituents and political supporters.
“Each of us has sworn to preserve, protect and defend the Federal Constitution and the State Constitution of Sabah. That oath is not conditional upon party alignment. It is not suspended by political convenience.
“We cannot blame past MPs, SNs and Aduns for their actions or omissions that have affected the constitutional rights of Sabah. The blame game stops with us today.
“We cannot, in good conscience, remain silent to our constituents, our children and our future generation if we do not stand for the constitutional rights of Sabah.
“We hereby endorse and adopt this Joint Memorandum and affirm our commitment to uphold the Federal Constitution as regards the constitutional rights of Sabah to the Continental Shelf and related legislation including any amendments and repeals.
“We also hereby pledge our financial support for the common good of all the people of Sabah.”Sabar members told Daily Express that the NGO led by Chairman Datuk Zainie Aucasa has tried its utmost to raise funds to fight this case.
Sabar is also hopeful of financial support from the State Government.
Sabar seeks the following declarations:That the Continental Shelf Act 1966 and Petroleum Mining Act 1966 are inapplicable, unconstitutional, invalid, null, and void in the territory of Sabah after June 19, 2012;That the territory of Sabah, following 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;That the Mining Ordinance 1960 remains valid in Sabah after June 19, 2012;That Section 3(3) of the Territorial Seas Act 2012, which limits the territorial waters of Sabah to three nautical miles, is inapplicable, unconstitutional, invalid, and null and void in Sabah as of June 22, 2012; andThat the territorial waters of Sabah, following the annulment of the Proclamation of Emergency of 1969 on June 19, 2012, includes 12 nautical miles of sea under the Convention on Territorial Seas and Contiguous Zone 1958, and the North Borneo (Definition of Boundaries) Order In Council 1958.Sabar is also seeking costs and any further or other relief deemed fit. If the case is successful, some parliamentary laws passed without the consent of the Sabah Legislative Assembly might be called into question on their applicability to Sabah.
These laws include Merchant Shipping Ordinance 1952 (Part IX – Wreck and Salvage), Merchant Shipping Ordinance 1960 (Part VII – Wreck and Salvage), Exclusive Economic Zone Act 1984, Fisheries Act 1985, Malaysian Maritime Enforcement Agency Act 2004, Maritime Zone Act 2006, Baselines of Maritime Zones Act 2006 and Extended Continental Shelf (Up to 350 NM).
Article 76 of the Federal Constitution provides that Parliament may make laws with respect to any matter enumerated in the state list, but only as follows, that is to say:(A) For the purpose of implementing any treaty agreement or convention between the Federation and any other country, or any decision of an international organisation of which the Federation is a member; or(B) For the purpose of promoting uniformity of the laws of two or more states; or(C) If so requested by the Legislative Assembly of any state.
Any law shall not come into operation in any state until the state concerned has been consulted or it has been adopted by a law made by the Legislature of that state, and shall then be deemed to be a state law and not a federal law, and may accordingly be amended or repealed by a law made by the Legislature.
Sabar is a non-political and non-religious entity in Sabah that educates people about Malaysia’s historical formation, championing Sabah rights under the Malaysia Agreement 1963, takes legal action to protect Sabah’s rights, and supports government initiatives for unity.