Pulau Batu Puteh.-filepic
PETALING JAYA: A Royal Commission of Inquiry (RCI) will be set up to scrutinise issues related to the sovereignty of Batu Puteh (Pedra Branca), Batuan Tengah (Middle Rocks) and Tubir Selatan (South Ledge), says Tan Sri Mohd Zuki Ali.
The RCI comes after the loss of Batu Puteh to Singapore following a ruling by the International Court of Justice (IJC) in May 2008, and the subsequent decision by the government in 2018 to withdraw a review application of the court’s decision before it was heard in June that year.
“The RCI will be established in line with the Commissions of Inquiry Act 1950 (Act 119) where the suggested members of the RCI will be brought before the King.
ALSO READ: Inquiry on His Majesty’s orders
“The members of the commission will comprise experts who have vast experience in judicial and legal affairs and public administration, as well as capable of undertaking the investigation transparently, fairly, and impartially to prevent any issues involving a conflict of interest with the related parties,” he said in a statement yesterday.
The dispute over Batu Puteh and the nearby rock outcrop between the two countries started in 1979 and was referred to the ICJ in 2008.
ALSO READ: Historian: RCI to shed light over legality of ownership
The court ruled that Pedra Branca belongs to Singapore while Middle Rocks belongs to Malaysia, with the sovereignty of South Ledge remaining unclear.
On Feb 3, 2017, the Malaysian government filed an application for a revision of the ICJ’s ruling in awarding legal jurisdiction of Batu Puteh to Singapore in June the following year.
However, the then Pakatan Harapan administration under Tun Dr Mahathir Mohamad withdrew the application before its scheduled hearing on June 11, 2018.
This led to an outcry from several quarters, and in 2021 even Johor Ruler Sultan Ibrahim Ibni Almarhum Sultan Iskandar demanded a clear explanation why the Federal Government had dropped the review application.
His Majesty said that not pursuing the case was as good as admitting defeat even before going into the legal battle in the ICJ.
In November 2021, the Cabinet agreed to set up a special task force to look into the reason behind the decision by the previous government to drop the application to review the Batu Puteh case.
In December 2022, Prime Minister Datuk Seri Anwar Ibrahim called for the claim on Batu Puteh to be reviewed through immediate and more “meaningful” negotiations with Singapore, without jeopardising bilateral relations.
While respecting the court’s decision, he said that there was still “pain” over the handling of the issue.
In January last year, former attorney general (AG) Tan Sri Idrus Harun said that based on the special committee’s final report, the Cabinet was of the view that the act of withdrawing the review application was “not in order and improper.”
Meanwhile, Pasir Gudang MP Hassan Abdul Karim backed the formation of an RCI to examine the issue, saying it involved the nation’s sovereignty.
He said the RCI must be given a wide and comprehensive scope when looking into the issue, including if negligence was involved with regard to the advice given by the then AG resulting in the government’s decision to withdrawal the review application.
“If the decision to withdraw the review application was done by the Prime Minister together with the Cabinet, then the Prime Minister and the entire Cabinet were negligent under the principle of collective responsibility.
“If the decision to withdraw the review application was done unilaterally by Dr Mahathir himself without bringing it to the Cabinet, then Dr Mahathir as a prime minister had committed treason or betrayed the nation in his personal capacity,” he said when contacted yesterday.
Hassan added that the RCI must look into the decision-making process to determine how it was reached.
Fellow Johorean lawmaker Syed Ibrahim Syed Noh said it was appropriate that an RCI is set up.
“The issue is very crucial because it is of strategic importance and involves the sovereignty of the nation, besides showing the government’s commitment and consistency in the matter,” he said.
The Ledang MP added that any negligence or misfeasance by the administration should not be left unchecked.
“There is a worry that it would become a precedent for other issues in the future, such as those involving the South China Sea or border disputes,” he said.
