TAWAU: The High Court here on Wednesday heard testimony that the Department of Minerals and Geoscience (JMG) approved the Operational Mining Scheme (OMS) for Wullersdorf Resources Sdn. Bhd. (WRSB) only after being satisfied that the company had sufficient operational rights, while the Environmental Impact Assessment (EIA) approval remains valid.

The evidence was given by the plaintiffs’ fourth witness, Wong Ji Yung, former Chief Operating Officer (COO) and current Chief Financial Officer (CFO) of AuMas and WRSB said this was based on his understanding of JMG’s OMS approval process.

According to Wong, WRSB submitted the first injunction order as part of its OMS application to demonstrate that, pending the outcome of the related legal proceedings, the company retained the right to continue using the facilities built for its mining operations.

He told the court that JMG had taken the injunction into consideration, noting that the OMS approval contains a clause stating that it remains valid until its expiry date or until the outcome of the related legal proceedings.

The testimony formed part of the ongoing civil trial involving AuMas Resources Berhad and Wullersdorf Resources Sdn. Bhd. (WRSB), with proceedings being heard before Judicial Commissioner Steve Ritikos.

The plaintiffs are represented by Norbert Yapp & Associates together with Azimi Yahya, while the defendants are represented by Andy Tay & Associates, Lawrence Chai, and Peter Soong & Partners.

The High Court subsequently adjourned the trial until July 27, when the cross-examination of the plaintiffs’ consulting mining engineer, Ir. Dr. Selamat Aliman, is scheduled to continue.

By Normimie Diun

KOTA KINABALU: Sustainability should no longer be seen merely as a slogan or aspiration, but must instead be translated into clear policy implementation, effective management, and tangible outcomes, particularly in Sabah’s green energy sector.

Technical Adviser (Energy) to the Chief Minister of Sabah, Datuk Dr James Lim, said that the state’s sustainable development approach must be grounded in real action rather than conceptual discussion.

He said this when presenting his speaker’s notes at Plenary Session 2 of the World Green & Sustainability Summit 2026 themed Advancing Planet, People, Prosperity and Partnership held at Shangri-La Tanjung Aru Resort on Monday.

According to him, Sabah faces real development needs driven by energy demand, resource strengths, and the pressure for responsible growth.

“Sabah has natural assets, a strategic location and the opportunity to become a model of sustainable growth, but this can only be achieved if policy, investment, infrastructure and implementation are effectively connected,” he said.

Dr James also stressed that in energy management and system development, clarity of information is a fundamental principle that cannot be ignored.

“What cannot be seen cannot be managed,” he said, adding that progress in green energy requires a clear understanding of the current situation, constraints, load growth, system weaknesses and available opportunities.

He, who is also the Group Managing Director of Kumpulan Yayasan Bumiputra Sabah, said sustainability efforts must begin with clarity and sincerity in execution, not merely good intentions.

According to him, Sabah must focus on three key priorities in its energy and sustainability agenda.

First is a practical energy transition that takes into account reliability, affordability and implementation capacity to avoid burdening industry and the people.

Second is trusted collaboration involving the public, private, technical, investor and community sectors with clear coordination and measurable outcomes.

Third is optimising Sabah’s strengths by developing strategies based on local resources including energy, biodiversity, industrial potential and coastal assets without blindly copying external models.

“Sustainability will only succeed when it is built on Sabah’s real strengths and translated into economic value,” he said.

He added that Sabah is currently moving from merely protecting resources to developing industries based on those resources, including renewable energy, the blue economy, ecotourism and carbon markets.

According to him, a stronger energy system will enhance investor confidence and improve project delivery in the state.

Dr James further stressed that sustainability must be practical and directly benefit the people, not just appear good at policy or international levels.

“A green transition that is too costly for the people is not sustainable. Policies that sacrifice the present for the future must be carefully reviewed,” he said.

He added that the real test of sustainability is how far it can be translated into real projects, economic outcomes and long-term benefits for the people of Sabah.

“Sabah needs clear priorities, disciplined implementation, credible partnerships and practical delivery, not more promises,” he said.

THE departure of Datuk Seri Rafizi Ramli and Nik Nazmi Nik Ahmad from PKR has now been officially confirmed, with both leaders voluntarily vacating their parliamentary seats of Pandan and Setiawangsa respectively.

Their move follows the recent takeover of Parti Bersama Malaysia, led by Rafizi and Nik Nazmi, from the party’s founder and long-time president, Tan Gin Theam. The announcement was made a day before written notices were submitted to the Dewan Rakyat Speaker and PKR secretary-general, prompting questions over whether the duo had attempted to avoid falling foul of the Anti-Party Hopping Law.

PKR secretary-general Datuk Dr Fuziah Salleh has since announced that the party will seek clarification from the Dewan Rakyat Speaker on whether the actions of Rafizi and Nik Nazmi contravene provisions under the anti-hopping legislation.

She also indicated that the party may review the involvement of several PKR lawmakers who attended the takeover announcement, including Wong Chen (Subang), Bakhtiar Wan Chik (Balik Pulau), Rodziah Ismail (Ampang), Zahir Hassan (Wangsa Maju), and Lee Chean Chung (Petaling Jaya).

The takeover announcement was widely viewed as a political statement by Rafizi and Nik Nazmi, signalling their intention to establish Parti Bersama Malaysia as a new force in national politics while carefully navigating the anti-party hopping provisions.

Should the Dewan Rakyat Speaker determine that the two parliamentary seats are officially vacant under Article 54(1) of the Federal Constitution, by-elections would ordinarily need to be held within 60 days.

Rafizi and Nik Nazmi have reportedly framed their decision as an effort to uphold political principles and return the mandate to the people rather than pursue personal ambition. Both leaders may also believe they stand a strong chance of retaining their seats, given their political prominence and previous roles within PKR and the MADANI administration.

However, there are constitutional limitations that could prevent by-elections from taking place.

Firstly, no by-election is required if a vacancy occurs less than two years before the expiry of Parliament’s five-year term under Article 55(3) of the Federal Constitution. This threshold was previously six months before being amended to two years.

If this provision applies, voters in Pandan and Setiawangsa could remain without parliamentary representation until the next general election.

Secondly, even if the vacancies occur within the two-year period, a by-election may still be called if the Dewan Rakyat Speaker notifies the Election Commission that the vacancies affect the numerical strength of the ruling coalition in Parliament.

At present, the MADANI coalition continues to hold a comfortable parliamentary majority, including more than a two-thirds majority, meaning the loss of the two seats is unlikely to affect the government’s stability.

Attention will now shift to whether Rafizi and Nik Nazmi can successfully position Parti Bersama Malaysia as a credible political contender ahead of the next general election.— Editor’s Desk

TAWAU: The High Court here heard testimony from subpoenaed witness Lee Tzu Win, who said he transported luggage allegedly containing gold bars from a mining site to Tawau Airport while working for Wullersdorf Resources Sdn Bhd.

Lee, the plaintiff’s third witness in consolidated civil suits involving Bahvest Resources Berhad, Wullersdorf Resources Sdn Bhd and Southsea Gold Sdn Bhd, said he had previously worked under businesses linked to Datuk Lo Fui Ming (DLFM) before joining Wullersdorf around 2020 as a site supervisor in the human resources division.

During examination-in-chief by plaintiff’s counsel Azimi Yahya on Wednesday, Lee said he later also worked as a driver for DLFM and was involved in transporting luggage from the mining site to Tawau Airport.

He clarified that he was not involved in gold production activities and did not have access to the company’s gold room.

Lee said the luggage was handed to him by Lo Teck Yong (LTY) at the mining site before he travelled together with DLFM and LTY to Tawau Airport.

He further told the court that upon arrival, the luggage was unloaded and later collected by buyers at a coffee shop near the airport area.

He added that several Tawau office staff, including individuals identified as “KC Chong”, “Apple Chong” and “Mr Fung”, were present at different stages of the handover process involving invoices and buyers.

Lee said he did not inspect the contents of the luggage and did not witness any alleged gold bars being delivered, stressing that his role was limited to transportation and unloading.

The witness also referred to gold dore production reports shown in court, confirming that his signature appeared under the “Prepared by” section.

He said he signed the documents under instructions from LTY, despite not being involved in smelting or production activities.

Lee further testified that production records for 2019, 2020 and 2021 were signed by him in 2021 on instruction from LTY, and that the documents had already been completed before he signed them.

He added that he had no knowledge of the details of the gold bars recorded in the reports.

Lee also said the luggage involved was hand-carry sized, with about one to three pieces typically transported per trip.

Proceedings before Judicial Commissioner Steve Ritikos were subsequently adjourned and continued today.

All evidence and allegations heard remain subject to the court’s determination upon conclusion of the proceedings.

Reader’s Opinion

Is It True That There was Nothing in MA63 on O&G ownership, regulations, as stated by Azalina

Dato’ Azalina Othman Said delivered such answer to a Parliamentary Question.

“The Malaysia Agreement 1963 (MA63) does not contain any provision concerning the ownership or regulation of oil and gas resources, says law and institutional reform minister Azalina Othman Said.

Azalina said MA63 also does not assign the roles of petroleum entities like Petronas or Sarawak’s sole gas aggregator, Petroleum Sarawak Bhd (Petros).

The MA63 is the foundational document that sets the terms for the formation of Malaysia, including the rights and autonomy of Sabah and Sarawak in certain areas.

What could she possibly mean by such answer? Was it a mere interpretation on the literal reading on the provision of the MA63 as against grasping the spirit and intent envisaged by the Parties as expressly and implied under the said document?

If it is the former, it portrays how lightly she grasped the question that has now found it’s way at the Federal Court. Surely the Federal Court would have not revert to such flimsy conclusion.  

By contrast, the content of 11^th Memorandum of the MA63 relating to Financial and Tariffs and 20^th Memorandum relating to Land, Forestry, Local Government and other matters, were clearly subsequently pursued and eventually provided in Malaysia’s Federal Constitution.

In as much as was pointed out by Azalina that the Petroleum Development Act was rightfully legislated by Parliament pursuant to the Federal List in the 9^th Schedule Paragraph 11(c) of the Federal Constitution. It should be noted too that under the State List at paragraph 2 (c), State shall have control over land matters in respect of ‘permits and licenses for prospecting for mines, mining leases and certificates’ and to impose fees and tariffs.

Will Azalina only comes to terms that the MA63 must have provisions specifically on O&G to qualify that it in fact touches on the said matter?

It should be noted that Article 110(3B) empowers that the Parliament may by law provide for prohibiting or restrictiong, in, or except in, such cases as may be provided by or under the law, the levying of royalties on or similar charges in respect of minerals (whether under a lease or other instrument was made or the enactment passed before or after the coming into operation of this Clause).

However, Article 112C(4)(b) provides that Clause 3B) of Article 110 shall not authorize the Parliament to prohibit the levying of royalties on any mineral by the State or to restrict the royalties that may be so levied in any case so that the State is not entitled to receive royalty amounting to ten per cent (10%) ad valorem (calculated as for export duty).

Surely these are the very provisions that are related and culminated from the 11^th and 20^th Memorandum of the MA63. Does that shed any lights on the outstanding dispute between Petros and Petronas?

Azalina should be careful with her choices of words rather than making passing statement since MA63 were the founding agreement for the State of Sabah and Sarawak to find their way into the Federation of Malaysia.

(Reader’s Opinion pieces reflect the views of the author and do not necessarily represent the position of this publication)

KOTA KINABALU: Former Sabah Law Society (SLS) president, Datuk Roger Chin, said that with the Federal Government having filed a later version of the Notice of Appeal, it is important that the public is aware of what has changed and what remains at stake.

Roger said that the later notice contains two additions that materially alter the nature of the appeal.

The first is the insertion of new wording in Ground 1 referring to the High Court’s direction on the “manner and/or process” of conducting the Article 112D review.

Roger said that this language did not appear in the earlier notice. Its effect is clear: the appeal is now directed at the 90-day timetable imposed for a lawful review and the broader 180-day framework that follows. These timelines were safeguards against further delay. The later notice now seeks to challenge them.

The second addition is a new disclaimer stating that the Government is not appealing the 40 per cent formula or the need for a review.

“While this may appear reassuring, it does not change the substance of the appeal. The Government continues to challenge the findings of constitutional breach, the declaration that no lawful review occurred after 1973, the invalidity of the 2022, 2023 and 2025 Gazette Orders, the orders for constitutional damages, and the requirement to account for sums owed.

“The formula may remain intact in form, but the reasoning that gives it practical effect is still under appeal,” said Roger in a statement today.

Roger’s statement came in response to a media release from the Attorney General’s Chambers (AGC).

He added, taken together, these additions leave the formula untouched in theory while seeking to remove or weaken the directions that make it enforceable. The appeal continues to target the operative findings that explain the Lost Years and that require lawful, time-bound compliance.

“This is a significant development. The later notice broadens the appeal beyond what was initially understood, and it is important that the public is aware of what has changed and what remains at stake,” he said.

Earlier, the AGC filed the Notice of Appeal at the Kota Kinabalu High Court on 13 November 2025 against parts of the High Court’s decision, particularly concerning alleged errors in the Grounds of Judgment by the Kota Kinabalu High Court judge.

For the record, on 17 October 2025, the High Court here allowed the Judicial Review application filed by the Sabah Law Society under Order 53 of the Rules of Court 2012.

The Court allowed the application and directed the Federal Government to undertake a further joint review with the State Government within 90 days under Article 112D of the Federal Constitution, in order to implement the Federal obligation to provide the 40 per cent Special Grant to the State of Sabah.

High Court Judge Datuk Celestina Stuel Galid also directed both governments to reach a mutual agreement within 180 days from the date of the order.

The SLS had named the Federal Government and the State Government as the first and second respondents in the judicial review.

By Mu Vitet

KOTA KINABALU: Caretaker Industrial Development and Entrepreneurship Minister Datuk Phoong Jin Zhe called on local entrepreneurs to work together with the government to obtain more incentives and support.

“I think it’s very important for us to work with multiple parties to provide support to our entrepreneurs, to usher them to greater heights,” he said during the 10th anniversary gala dinner of the Persatuan Usahawan Maju Malaysia (PUMM) Sabah Chapter at the Sabah International Convention Centre.

He expressed hope that PUMM would continue to grow, as their success reflects the achievement of Sabahan entrepreneurs.

PUMM Sabah Chairman Patrick Chiam highlighted that the chapter has grown tremendously since its establishment, playing a key role in connecting, empowering, and nurturing entrepreneurs across industries.

“Over the past decade, PUMM Sabah has become more than a network — it has become a family.

Together, we have created opportunities, shared knowledge, and built bridges that strengthen our business community,” he said.

He said PUMM is committed to fostering entrepreneurship through education, mentorship, and regional collaboration in the next decade, with the vision of propelling Sabah’s entrepreneurs onto the national and global stage.

Organising Chairperson Dolly Chin Man Yee said ten years is not just a milestone but a testament to their collective perseverance, collaboration, and belief in the Sabahan entrepreneurial spirit.

“We are celebrating not only our achievements but also the people behind them — those who dare to dream, build, and inspire others,” she said.

The Sabah Entrepreneur Development Recognition Awards (SEDRA), an initiative by PUMM Sabah, was introduced as part of the milestone celebration to honour outstanding entrepreneurs who have contributed to Sabah’s business growth.

Winners of the Emerging Enterprises Recognition are GoNetPay, Sahabat Ikhtisas, Smart Bike, Metaverse Solutions, Nyek Seng Engineering Services, Instant Exhibitions (Sabah), Kimora Entertainment Network (K.E.N), and Packaging Warehouse.

Winners of the Time Honoured Enterprises Recognition are Percetakan CCS, Chin Mirdin & Co, KK Drinks, and Supreme Aircond Sdn Bhd.

By Mu Vitet

KOTA KINABALU: Sabah’s position as a leading eco adventure and sustainable tourism destination was further cemented when the Borneo Rainforest Lodge (BRL) bagged three major accolades in Singapore.

BRL, a subsidiary of the Yayasan Sabah Group of Companies, achieved this exceptional milestone during the World Luxury Hotel Awards 2025 ceremony held at PARKROYAL Collection Pickering on October 31.

The lodge, represented by its Chief Financial Officer Esner Chong, clinched the Luxury Sustainable Resort (Malaysia), Luxury Eco Lodge (Asia), and Luxury Wilderness Lodge (Global) awards.

She received the awards from Senior Luxury Awards Consultant at the World Luxury Awards, Adri Bradbury.

This outstanding achievement makes BRL, nestled within the Danum Valley Conservation Area, the only property in Sabah to win across three categories, reinforcing its reputation as one of Asia’s foremost sustainable luxury lodges.

The accolades reflect BRL’s embodiment of the perfect harmony between refined comfort and environmental stewardship.

The State Government owned property is operated by Borneo Nature Tours Sdn Bhd and Innoprise Jungle Lodge Sdn Bhd, both recognised for their commitment to rainforest conservation, research, and community empowerment.

“These awards reflect our team’s dedication to preserving the rainforest while offering world class hospitality,” said Freddie Coleman, Chief Executive Officer of Borneo Nature Tours Sdn Bhd and Innoprise Jungle Lodge Sdn Bhd.

By Mu Vitet

KOTA KINABALU: The Environmentally Friendly School Programme (Serasi) has created a positive impact on schools across the state, said Tourism, Culture and Environment Ministry Permanent Secretary Datuk Josie Lai.

“We can now see school environments that are harmonious, cheerful, clean, organised, and adopting green concepts,” she said.

Practices such as recycling, efficient energy use, the creation of various themed gardens, community engagement (outreach), and the integration of environmental aspects into school curricula and co-curricular activities, along with active parental involvement, have become synonymous with the Serasi programme, she added.

She said this during the Serasi Award Ceremony for the 2024/2025 session held at a hotel.

Several recognitions have been awarded to Serasi schools in Sabah at both national and international levels.

These include the Environmental Award (Sustainable School) organised by the Department of Environment Malaysia, awarded to SJKC Chi Hwa, Sandakan (2006); SJKC Cheng Ming, Keningau (2016); SK Lambidan, Kuala Penyu (2022); SJKC Tai Tong, Sandakan (2024); and SM St Patrick, Tawau (2024).

The Japan Education for Sustainable Development (ESD) Award, organised by the Southeast Asian Ministers of Education Organization (SEAMEO), Japan’s Ministry of Education, Culture, Sports, Science and Technology (MEXT), and UNESCO, was awarded to SM St Patrick, Tawau (2018).

The ASEAN Eco Schools Award, organised by the Association of Southeast Asian Nations (ASEAN), was awarded to SM St Michael, Penampang, and SM St Patrick, Tawau (2023).

The Langkawi Award, organised by the Ministry of Natural Resources and Environmental Sustainability, was presented to Puan Jennifer Asing, an Excellent Principal currently serving at SMK Limbanak, Penampang (2024).

Josie said this year the Serasi Student Award was also introduced to recognise the dedicated efforts of students in greening and beautifying their school environments.

The Serasi Programme is a state initiative introduced in 2003. It serves as a form of recognition for schools in Sabah that practise environmental preservation.

By Mu Vitet

KOTA KINABALU: The Sabah Kinabalu Pink Ribbon (SKPR) aims to nurture a new generation of volunteers and advocates.

Its President, Christy Fe Salazar, said that looking ahead, the organisation will focus on sustainability to ensure continued outreach and support across Sabah.

She said this during SKPR’s 15th anniversary gala dinner themed “Unbreakable in Pink: Celebrating Love, Life and Legacy” at Hakka Hall.

Christy described the occasion as a meaningful milestone for the organisation, which began as a small group of women united by courage and compassion.

“What started as a humble effort to raise awareness about breast cancer has now grown into a powerful movement of hope, strength and sisterhood,” she said.

She added that the journey over the past 15 years was not without challenges, especially during the pandemic, but SKPR’s spirit remained unbreakable.

“Our foundation is built on three timeless values — love, which moves us to care; life, which gives us strength to carry on; and legacy, the mission to empower and inspire others,” she said.

Christy paid tribute to the organisation’s founder, Datin Lucilla Pang, as well as past and present committee members, thrivors and survivors, volunteers, medical partners, sponsors, and families who have supported the cause.

“Each programme, event and initiative carries your touch of dedication and love,” she said, adding that SKPR’s strength comes from unity and shared purpose.

A 17-year breast cancer survivor herself, Christy said the theme “Unbreakable in Pink” carries deep personal meaning, representing the transformation from fear to faith, and from surviving to thriving.

Over the years, SKPR has organised numerous awareness campaigns, pink walks and outreach programmes, reaching communities from city streets to rural villages. It has also strengthened partnerships with hospitals, NGOs and government agencies to ensure that no woman faces the breast cancer journey alone.

During the event, the Association of Private Practitioners Sabah donated RM10,000 to SKPR.

Sabah International Convention Centre (SICC) Chief Executive Officer Datuk Rosmawati Lasuki was the guest of honour, representing Mutiara GRS President Datin Sri Juliah Salag.