KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) confirms that it will be filing an ex-parte application for leave for judicial review in the High Court of Sabah and Sarawak in Kota Kinabalu within the coming days.
Its chairman, Daniel John Jambun, said this legal action is directed against the Government of Malaysia, the Minister of Home Affairs, and the Director-General of the National Registration Department.
“This case is about implementation and not rhetoric. This judicial review is not about revisiting the findings of the Royal Commission of Inquiry (RCI),” he said in his latest social media post.
Daniel John said the findings are already clear, and the issue now is far more serious.
“The failure to implement those findings meaningfully, transparently, and within a reasonable time.
“More than a decade has passed since the RCI report was completed in 2013.
“Yet to this day, Sabahans continue to face the consequences of unresolved identity issues, questionable documentation
and demographic and electoral concerns,” he said.
Daniel John said this was a continuing failure and a past event.
“This case is grounded in a continuing breach of public duty, and the failure to act is not confined to 2013.
“It is ongoing. Each day that passes without proper implementation, thus undermining public confidence as well, raises serious governance concerns, affecting the rights and security of Sabahans,” he added.
On the court’s role, he said the application seeks, among others, orders of mandamus to compel the respondents to act as well as declarations on the scope of their legal duties.
“This is a matter squarely within the supervisory jurisdiction of the Court.
“When public authorities fail to act on matters of grave public importance, the courts must be able to intervene,” he added.
Daniel John asserted that BoPiMaFo emphasises that this action is not politically motivated.
He said, instead, it is grounded in the rule of law, principles of accountability and the legitimate expectations of the people of Sabah.
Daniel John argued that RCI was not established as a symbolic exercise, and on the other hand, it was established to uncover truth and ensure corrective action.
“For too long, Sabahans have been told that the matter is being handled.
“For too long, implementation has been slow, opaque, or incomplete. This application is about one simple principle – public duty must be performed — not postponed indefinitely.
In this respect, he said BoPiMaFo will allow the legal process to take its course.
“We remain confident that this matter raises serious issues of public importance that merit the Court’s consideration,” he said.
