by David E.
KOTA KINABALU: August 31, 2026 — Parti Solidariti Tanah Airku (STARSabah) has declared its resolve to bring the Malaysia Agreement 1963 (MA63) dispute to the International Court of Justice (ICJ) if the Federal Government fails to implement the agreement in its entirety, party president Datuk Seri Panglima Dr Jeffrey G. Kitingan announced at the party’s 10th anniversary celebration on Sunday night.
Speaking before hundreds of party members and supporters at the anniversary dinner in Kota Kinabalu, Kitingan delivered a comprehensive historical address that traced Sabah’s journey from a British colony to a founding partner of Malaysia — and warned that the federal government’s continued failure to honour MA63 could unravel the very foundation of the federation.
“We Have Become Victims of Our Own Success”
Reflecting on STARSabah’s decade-long struggle, Kitingan acknowledged that while the party’s narrative had gained mainstream acceptance, success had come at a cost.
“Our struggle was not a mainstream struggle at first. It was difficult for people to speak about, and initially it did not receive support because it was sensitive,” Kitingan said. “We sacrificed time. Eventually, we went to prison.”
“But through that sacrifice and defeat, we were arrested — not because we wanted to be arrested, but we had to go through that challenge. And finally, when we were released, I never gave up. Your President never gives up.”
The struggle to restore Sabah’s rights under MA63, he said, has since become a mainstream cause championed by political leaders across the spectrum.
The Hidden History of Sabah’s Independence
In a detailed exposition of Sabah’s constitutional history, Kitingan argued that the narrative surrounding MA63 has been distorted by what he called “missing history” — the story of Sabah’s declaration of independence on 31 August 1963.
Citing historical records, Kitingan said the North Borneo Legislative Council passed a unanimous resolution on 8 August 1963 to declare Sabah’s independence on 31 August 1963, regardless of whether Malaysia had been formed by that date. The resolution was reportedly endorsed by the British Government, with then-Governor Sir William Goode granting Sabah self-governance effective 31 August 1963.
“On 31 August 1963, Sabah declared its independence with the blessing of the British Government. The status of Sabah changed from a colony to a NATION,” Kitingan declared.
This, he emphasised, is the crucial distinction that has been overlooked: Malaysia was only proclaimed on 16 September 1963 — more than two weeks after Sabah had already declared itself independent.
Article 1 of MA63: The Colonial Clause
Kitingan directed attention to Article 1 of the MA63, which reads:
“The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed to this Agreement and the Federation shall thereafter be called ‘Malaysia’.”
“This means that in MA63, there was no new nation or new federation — they just changed the name from the Federation of Malaya to Malaysia,” Kitingan said.
He argued that because Sabah and Sarawak were still colonies when MA63 was signed on 9 July 1963 — two months before Malaysia’s proclamation — they lacked the legal capacity (locus standi) to be genuine signatories to the agreement. The negotiations, he said, were conducted between the British and Malaya, with the Borneo territories merely transferred as colonies.
From ‘1 in 14’ Back to ‘1 in 3’
Kitingan contrasted the original constitutional position of Sabah and Sarawak as equal partners with Malaya — “one in three” — against the diminished status imposed by the 1976 constitutional amendment that reduced Sabah and Sarawak to “one in 14” states.
Citing former prime minister Tun Dr Mahathir Mohamad’s 2020 Hari Malaysia address, Kitingan noted that Dr Mahathir had acknowledged Sabah and Sarawak as “equal partners” with Peninsular Malaysia.
“Dr Mahathir said, ‘We accept that the peninsula, Sabah and Sarawak are three territories joined together as equal partners.’ This means one in three, not one in 14,” Kitingan said.
The ICJ Ultimatum
The most significant announcement of the evening was Kitingan’s declaration that STARSabah would not hesitate to take the MA63 dispute to the International Court of Justice if the Federal Government continued to stall on implementation.
“In any agreement, if it fails to be fully implemented, the agreement automatically becomes void,” Kitingan argued.
“If the Malaysia Agreement 1963 becomes void, this means there is no bond between us. This means we are free to revive all the laws that have been dormant all this while. When we revive our laws, we have the power to collect our own revenue — 100 per cent. We can reclaim our oil and gas — 100 per cent!”
He elaborated that such a scenario would empower Sabah to solve its own infrastructural challenges — electricity, water supply, roads, and poverty — through full control over the state’s resources.
Two-Pronged New Narrative
Kitingan outlined a new two-pronged narrative for STARSabah’s struggle:
First, the Federal Government must fully implement all MA63 demands and restore Sabah’s constitutional rights. He noted that Sabah had already secured the gazettement of 31 August as Sabah Day — a significant victory recognising the state’s independence date.
Second, if full implementation is not forthcoming, STARSabah would take the matter to the ICJ. This, he said, would determine once and for all whether Sabah and Sarawak remain bound by an agreement that has been systematically breached for 63 years.
The 40 Per Cent Revenue Entitlement
Kitingan also reiterated STARSabah’s demand for the full implementation of the 40 per cent net revenue entitlement under Article 112C and 112D of the Federal Constitution. He estimated that Sabah should receive at least RM5 billion for 2026 alone and proposed establishing an MA63 Revenue Tracking System (MARTS) for real-time monitoring of federal revenue collected from the state.
Unity as the Path Forward
Addressing internal party challenges and the results of the recent Sabah state election (PRN17), Kitingan acknowledged that some party members had lost confidence or prioritised political survival over the struggle.
“We have to accept the people’s decision. We do not remain silent, we do not complain and cry because the PRN17 results did not favour us. We must continue,” he said.
He called for unity within STARSabah and among Sabah’s local parties, emphasising that without solidarity, the mission to achieve a “prosperous, advanced, and independent Sabah” would remain unfulfilled.
“Whether we still want to be together with the Peninsula and Sarawak or not, we must sit down again. We must renegotiate — not like now, where we have negotiated and agreed but nothing has been implemented. What does that mean?”
A Defining Moment
As STARSabah enters its second decade, Kitingan’s address marks a defining moment in Sabah’s political landscape. The ultimatum to take MA63 to the ICJ signals a significant escalation in the state’s rights movement — one that could have profound implications for the constitutional future of Malaysia itself.
“Tonight we celebrate STARSabah’s 10th anniversary. We want to plan our direction for the next 10 years. We want to see Sabah that is prosperous, advanced, and fully independent,” Kitingan concluded.
“To get there, we must unite first. If we do not unite, if we remain divided, if we are still each on our own, we will not succeed in achieving our mission and vision.”
By David E., journalist for TV Sabah News Online.
REFERENCES
1. Jesselton Times (31 August 2026). STARSabah vows to bring the MA63 dispute to the ICJ if not fully implemented
2. Jesselton Times (31 August 2026). STARSabah tekad bawa isu tuntutan MA63 ke ICJ jika tidak dilaksanakan ‘bulat-bulat’
3. Free Malaysia Today (26 November 2025). MA63 defines Sabah, Sarawak as states, Dewan told
4. Free Malaysia Today (16 September 2020). Peninsula, Sabah and Sarawak should be equal partners in Malaysia, says Dr M
5. New Straits Times (16 September 2020). Dr M: Restore Sabah, Sarawak as equal partners through MA63
6. Daily Express (6 August 2026). Kisah Hari Sabah tersembunyi selama 60 tahun, kata Jeffrey
7. The Vibes (29 August 2026). Honour Sabah’s 40% revenue right – Kitingan
8. Jesselton Times (5 May 2026). SSRANZ: Federal Government’s 2026 “Stay of Execution” confirms bad faith; calls for Sabah Government to seek ICJ ruling
