Issued by: Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) confirms that a Judicial Review application has been filed in the High Court of Sabah and Sarawak.
The application has now been formally served on the Attorney General of Malaysia, and the Court has fixed the matter for hearing on 30 June 2026.
The Applicants will be represented by Hampry Lauran of Sazali Donol, Muhammad & Co.
Let us be absolutely clear:
This case exists because the Government failed to act.
1. THE GOVERNMENT SET UP THE RCI — THEN IGNORED IT
In 2013, Putrajaya established the Royal Commission of Inquiry (RCI) on illegal immigrants in Sabah.
It acknowledged:
– serious failures in citizenship and identity systems
– deep public concern
– risks to governance and institutional integrity
More than a decade later:
There is no meaningful implementation.
There is no transparency.
There is no accountability.
This is not delay.
This is abandonment.
2. THIS IS NOT POLICY — THIS IS DERELICTION OF DUTY
The Government cannot hide behind phrases like:
– “under review”
– “ongoing discussions”
– “administrative process”
When a Royal Commission of Inquiry has already:
– investigated
– reported
– and made recommendations
the obligation is simple:
«Act.»
Failure to act is not discretion.
It is dereliction.
3. SABAHANS ARE LIVING THE CONSEQUENCES
This is not an abstract issue.
It affects:
– confidence in citizenship systems
– trust in public institutions
– and the integrity of governance in Sabah
The issues examined by the RCI go directly to the question of demographic integrity in Sabah.
More than a decade of inaction has allowed serious concerns relating to population balance and identity systems to persist without resolution.
Official data from the Department of Statistics Malaysia indicates that the non-Malaysian population in Sabah has increased from approximately 867,190 in 2013 to about 1,040,200 in 2025.
These figures underscore a troubling reality:
A problem acknowledged at the highest level has not diminished—it has persisted.
When issues affecting demographic integrity are left unaddressed, the consequences are not theoretical—they reshape the reality on the ground.
When fundamental issues remain unresolved for over a decade, the message is clear:
Sabah can be ignored without consequence.
BoPiMaFo rejects that message.
4. THIS GOES TO THE FOUNDATION OF MALAYSIA
Sabah did not enter Malaysia blindly.
It entered on the basis of assurances:
– security
– identity
– proper administration
The RCI itself confirms that these areas have been seriously compromised.
The Federal Constitution expressly recognises the natives of Sabah—Orang Asal—under Article 161A Federal Constitution.
This constitutional recognition is not symbolic. It reflects the importance of identity, status, and the position of indigenous communities of Sabah within the Federation.
This framework is further reinforced by Article 153 Federal Constitution, which affirms the special position of natives of Sabah within Malaysia.
Such provisions presuppose the integrity of systems governing citizenship and identity. Where those systems are left unaddressed, the constitutional protections intended for these communities risk being undermined in substance.
Constitutional recognition without effective protection in practice is recognition in name only.
These were not minor assurances. They formed the basis of Sabah’s entry into Malaysia.
If issues of this nature had been known or anticipated at the time, it would have fundamentally affected the expectations upon which Sabah’s participation in the Federation was premised.
A federation built on trust cannot endure if that trust is left unfulfilled.
To ignore the RCI’s findings is not just administrative failure.
It is a failure to honour the very foundation of the Federation.
5. THE COURT IS NOW THE ONLY AVENUE LEFT
For years, this issue has been:
– debated
– denied
– delayed
Now, it will be tested where it should have been addressed long ago:
in a court of law.
With the hearing now fixed for 30 June 2026, the Government will be required to respond before the Court.
This Judicial Review does not ask for political answers.
It asks a legal question:
«Can the Government ignore its own Commission and walk away from its public duty?»
CONCLUSION
BoPiMaFo will pursue this matter firmly, lawfully, and without retreat.
We say this to Putrajaya:
You cannot set up a Commission, acknowledge a crisis, and then do nothing.
And we say this to Sabahans:
This is no longer a matter of promises.
This is a matter of accountability.
“If the Government will not act, the law must.”
