"The Federal Court had earlier fixed April 13 as the hearing date in Kota Kinabalu to determine the issue of locus standi of ex-policeman Bernard Fung Fon Chen and ex-teacher Nazib Maidan to bring the civil suit against the Federal and State governments. But we have been informed by the lawyers Peter Marajin and Ken Yong that the case has been "vacated" or "dikeluarkan" from the list of cases to be heard on April 13. No other date has been set for this case.
Fung and Nazib have in 2011 initiated legal action to compel the Federal Government to implement the promise of Borneonisation of the public services in Sabah (and Sarawak) as provided for in the Malaysia Agreement 1963.0n May 25, 2012, the High Court in Kota Kinabalu had ruled that the plaintiffs have the locus standi to bring the case to the courts. On February 1, 2013, the Court of Appeal in a 2-1 majority decision allowed the appeal by the Federal and State governments that the plaintiffs have no locus standi to sue the government. The plaintiffs appeal to the federal court which had fixed April 13 to hear the appeal.
"If the federal court ruled against the plaintiffs, then it means that we have come to the end of the judicial process in Malaysia. We would have exhausted all legal avenues in Malaysia. Sabahans would then have no choice but to either initiate legal action in the United Kingdom where the Malaysia Agreement was signed on July 9, 1963 or else to petition the United Nations for the signatories of the Malaysia Agreement to honour the promises made in the agreement".
"With this indefinite postponement, Sabahans are not yet able to take further action to the United Kingdom or to the United Nations," said Yong whose party SAPP has been supporting the Borneonisation case.
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