Sabah MPs urged to chip in RM5,000 each for maritime boundary lawsuit

 

Tuaran MP Wilfred Madius Tangau urged Sabah's elected representatives to help fund a lawsuit against the federal government over the state's maritime boundary.

The former Upko president said that local NGO Sabah Action Body Advocating Rights (Sabar) needs RM500,000 by April 30 for the case at the Federal Court.

If all 111 of Sabah's elected representatives contributed RM5,000 each, the NGO could raise a sum of RM555,000, he added.

“This amount will not only exceed the target but also serve as strong proof of our solidarity in defending the state’s interests,” he was quoted as saying by Free Malaysia Today.

Wilfred is referring to Sabar's legal challenge over the validity of the Territorial Sea Act (TSA) 2012, which limits Sabah's maritime boundary.

The federal government has been named as the sole defendant in the case.

Sum needed for legal expert’s opinion

According to the Daily Express, Sabar's lawyer Ronald Cheng said a significant sum is required due to the need for a legal expert's opinion over Sabah's entitlement to its continental shelf rights.

He noted that the federal government has already engaged its own legal expert.

Many local legal experts have declined to assist Sabar in the case as they have already provided the federal government with advice, he added.

“We are looking at some international law experts, like from Singapore and New Zealand, but even getting a bare opinion costs money,” he said.

Rights over continental shelf, territorial waters

Sabar is seeking several court declarations, mainly related to Sabah’s rights over its continental shelf and territorial waters.

Among others, it is challenging a provision in the TSA that limits Sabah’s territorial waters to three nautical miles (5.5km) from the coastal area, arguing instead that the state’s waters should extend up to 12 nautical miles.

It is also asking for recognition that Sabah’s territory includes its continental shelf following the lifting of the 1969 emergency, and that the state’s Mining Ordinance 1960 remains valid.

The group further wants the court to rule that the Continental Shelf Act 1966 and Petroleum Mining Act 1966 no longer apply in Sabah and are unconstitutional after June 19, 2012.

In addition, Sabar is seeking legal costs and any other relief the court deems appropriate.

If the challenge succeeds, it could raise questions over the applicability of certain federal laws in Sabah passed without the consent of the state legislative assembly.

Sabah has consistently rejected the TSA, as has Terengganu.

In April 2024, the Terengganu state assembly unanimously passed a motion to reject the Act, saying it violated the state's rights to explore resources and generate revenue within its maritime borders, Bernama reported. - Mkini