TSA 2012 is inapplicable to Sabah

21 September 2024

KOTA KINABALU: The Territorial Sea Act 2012 (TSA 2012) is inapplicable to the State of Sabah and the continental shelf remains the territory of the State as declared by the North Borneo (Alteration of Boundaries) Order in Council 1954.

In a statement released by Datuk Brenndon Keith Soh, the State Attorney-General, this claim was officially recorded on 12 September 2024 as being “non-negotiable” under the MA63 Action Council (MA63 Council) chaired by the Prime Minister of Malaysia.

“Notwithstanding that there has been significant progress under the MA63 Council on other State claims and rights, the TSA 2012 and continental shelf remain on the “agree to disagree” list.

The Deputy Prime Minister had further stated that these matters will continue to be deliberated at the highest level between the Prime Minister, Chief Minister of Sabah and Premier of Sarawak. We will continue to uphold.the State Government’s position moving forward.”

“As to the recent finding of the High Court to decline our proposal for assistance as amicus curiae, we have the utmost respect for the decision of the learned High Court Judge.”

According to him, the Sabah Action Body Advocating Rights’ (Sabar) had supported the offer of assistance but the Federal Attorney General had objected to our intended role.

In any event, it is the discretion of the court to determine whether our assistance is required or not to decide the legal dispute between these two parties. In this case, the court decided otherwise.

“Despite this outcome, we remain sincere in our offer of support to provide the State’s official legal views on this matter of public interest. Rest assured, we will certainly continue to monitor the developments of this case very closely.

According to him, as stated in the court ruling, it remains open for the State Government to intervene as a party in the legal proceedings. This option will be rigorously considered amongst all other options depending on the result of the MA63 Council on this matter.