Law key to defending MA63 rights, Sarawakians cannot rely on Peninsular-based parties

By DayakDaily Team

KUCHING, Oct 28: The law remains a vital instrument for safeguarding constitutional rights, and Sarawakians must not rely on Peninsular-based political parties to defend their rights under the Malaysia Agreement 1963 (MA63), said Sarawak United Peoples’ Party (SUPP) Kuching Branch Youth chairman Nicholas Wung Duk Ying, following the recent Kota Kinabalu High Court ruling on Sabah’s 40 per cent revenue entitlement.

Wung highlighted the significance of the court’s landmark decision on Oct 17, which declared unlawful the federal government’s nearly five-decade-long failure to return 40 per cent of net revenue to Sabah as stipulated under the Federal Constitution.

Under the judgment, he noted that the federal government must begin a new review with the Sabah government within 90 days and conclude an agreement within 180 days to implement the entitlement guaranteed under Articles 112C and 112D of the Federal Constitution.

Describing the ruling as a major victory for the people of Sabah, Wung said it reaffirmed the crucial role of the law in protecting constitutional rights.

He commended the Sabah Law Society (SLS) for pursuing the case through judicial review, noting that Malaysia’s legal system empowers individuals, associations, and non-governmental organisations (NGOs) to challenge government actions if they meet the required legal standing.

“The Sabah Law Society’s action was a legitimate and commendable effort to safeguard public interest. It shows how the judiciary can serve as an important check and balance when political mechanisms fail,” he said.

Wung expressed disappointment over the decision by 12 Sabah Pakatan Harapan (PH) MPs to withdraw their lawsuit on Sept 21, 2023, against the federal government over the same issue, calling it an unfortunate move that appeared to offer an escape route for Putrajaya.

However, he noted that the earlier legal action initiated by the SLS ensured the matter was not abandoned.

He also stressed that the High Court’s ruling would have far-reaching political repercussions, particularly ahead of the upcoming Sabah state election on Nov 29.

“This case proves that parties representing Peninsular interests cannot fully safeguard Sabah’s rights. In contrast, local Sabah parties now have a clear advantage in championing State autonomy,” he said.

Turning his attention to Sarawak, Wung said the ruling offers a crucial lesson for Sarawakians in their dealings with the federal government, particularly on issues tied to MA63 that have been gradually eroded over the decades.

“Sarawakians should not rely on Peninsular-based parties because they ultimately serve as political agents of the federal government and cannot fundamentally oppose central interests,” he asserted.

He concluded that only a strong and united Gabungan Parti Sarawak (GPS) government can give Sarawak the leverage and confidence needed to reclaim its rightful powers and ensure the full implementation of MA63. — DayakDaily

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