Kota Kinabalu: A Sabahan has filed a leave application for a judicial review at the High Court here against the Government of Malaysia and four others over alleged failure to implement the findings and recommendations of the Royal Commission of Inquiry (RCI) on Illegal Immigrants in Sabah (2013).
Daniel John Jambun, 69, named the Government of Malaysia, Minister of Home Affairs, Director- General of National Registration, Director-General of Immigration Malaysia and Attorney-General of Malaysia as respondents in the application.
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The applicant, in his statement filed under Order 53 Rule 3(2), is seeking an Order of Mandamus directing the respondents to take “all necessary, lawful and reasonable steps” within their respective powers to implement the findings and recommendations of the RCI.
He is also seeking declarations that the respondents’ failure to do so is unlawful, constitutes a continuing breach of public duty and that they are under a continuing legal duty to consider and implement the findings and recommendations in accordance with law.
In his statement, Daniel described himself as a Malaysian citizen, registered voter in the Sepanggar parliamentary constituency and a member of the Indigenous Dusunic community recognised under Article 161A of the Federal Constitution.
According to the statement, the application concerns the “decisions, acts and/or omissions” of the respondents in allegedly failing to take lawful and effective steps to implement the findings and recommendations.
The applicant alleged that the respondents had failed to take “reasonable, timely and effective steps” within their powers to give effect to the findings and recommendations.
He further alleged that the failure to act on serious findings affecting citizenship, governance and security was “unreasonable and irrational.”
The statement also alleged that the respondents failed to act transparently, consistently and in accordance with principles of good governance.
According to the statement, the alleged failure was a “continuing omission” and that the respondents remained under a continuing duty which had not been discharged.
Daniel claimed he had sufficient interest and was directly and adversely affected, including in matters involving the integrity of the electoral process in Sabah, lawful administration of citizenship and registration, allocation and use of public resources, as well as his rights as a citizen and voter.
The statement further stated that the case raises issues of public importance involving the rule of law, integrity of citizenship, constitutional governance, public administration and legal accountability in Sabah.
He also stated that the RCI on Illegal Immigrants in Sabah identified “serious and systemic issues” relating to unlawful citizenship, irregular registration practices and governance failures.
The applicant alleged that the respondents had failed, refused and/or neglected to take adequate, effective and timely steps to implement the findings and recommendations.
He further alleged that the failure was ongoing and continued to produce serious adverse consequences affecting governance and public confidence.
The applicant stated that he has an arguable case with a realistic prospect of success and has satisfied the threshold for leave under Order 53 Rule 3(1).
