Zainnal, who has written a book on the Malaysia Agreement of 1963 (MA63), said Singapore’s decision to leave Malaysia did not breach the agreement because the federal government had no hold on the republic’s sovereignty.
“Let us not forget that Singapore did not become independent until the Singapore Act was passed by Westminster in 1966,” Zainnal told FMT.
The suit is brought by five members of Parti Solidariti Tanah Airku (Star). They are seeking a declaration that the Malaysian government committed a breach of MA63 when it failed to restrain Singapore from leaving the federation in 1965.
Zainnal acknowledged that the agreement between the federal government and Singapore, purportedly to release Singapore from Malaysia, was not valid but he said it had nothing to do with MA63.
According to a report in the Daily Express Sabah, the five are also seeking a declaration that the Malaysia Agreement is valid and lawful notwithstanding Singapore’s secession from the federation without the consent and approval of Sabah and Sarawak.
The suit also seeks an injunction against Gerakan Akar Umbi Umno Malaysia (Gaum) chairman Zulkarnain Mahdar to restrain him from making statements that could be construed as a threat to freedom of expression and the right to freedom of speech.
Referring to a report also published by the Daily Express, the five alleged that Zulkarnain had made remarks that tended to offend against such freedoms.
The suit named the federal, Sabah and Sarawak governments as the second, third and fourth defendants.
Zainnal said the five should have learned from the past, such as when a suit brought by the Sabah Progressive Party was thrown out.
“The court ruled the plaintiffs had no locus standi,” he said. “What makes these five people think they can have a different ruling?”
He added that a Malaysian court was the wrong place in which to express grievances concerning MA63.
“The right path to take is to go to London,” he said. “But Singapore’s leaving the federation is not a breach. There is no need to go to court to get a ruling.”