15-2-2024 (KUALA LUMPUR) Malaysia’s king has given consent for the establishment of a royal commission of inquiry (RCI) to review the handling of cases related to the sovereignty of Pedra Branca, Middle Rocks, and South Ledge. The Prime Minister’s Department’s Legal Affairs Division director general, Zamri Misman, and Minister in the Prime Minister’s Department (Law and Institutional Reform), Azalina Othman Said, were granted an audience with the king to inform him about the government’s proposal for the RCI, according to Bernama news agency.
The establishment of the RCI is in accordance with the Commissions of Enquiry Act 1950, as stated by the department in a statement released on Wednesday. The king has approved Zamri to serve as the secretary of the RCI, with his department acting as the secretariat. Additionally, the king has consented to the appointment of seven other members, including former chief justice Md Raus Sharif as the chairman and former federal court judge Zainun Ali as the deputy chairman. The remaining five members of the RCI are Dr. Baljit Singh Sidhu, Prof Dr. Johan Shamsuddin Sabaruddin, Prof Dr. Faridah Jalil, Mohammed Ridha Abd Kadir, and Dickson Dollah.
An RCI typically consists of former judges who are tasked with conducting inquiries and presenting their findings in a report. According to the Malaysian Bar, which regulates the legal profession, the RCI is a fact-finding body convened by the king based on the advice of the Cabinet.
Prime Minister Anwar Ibrahim had previously called for a review of Malaysia’s decision in 2018, under the administration of then-Prime Minister Mahathir Mohamad, to withdraw its application to revise an International Court of Justice (ICJ) ruling that recognized Singapore’s sovereignty over Pedra Branca. In 2008, the ICJ ruled that Pedra Branca belongs to Singapore, while Middle Rocks belongs to Malaysia. It also determined that South Ledge is located in the territorial waters of the respective state to which it belongs.
Representatives from both governments have been engaged in discussions through a Joint Technical Committee to address the implementation of the ICJ judgment, including the issue of sovereignty over South Ledge.
Singapore’s Ministry of Foreign Affairs (MFA) stated that the RCI is considered an internal matter of Malaysia. The MFA spokesperson also noted that the RCI is not expected to have any negative impact on the good bilateral relations between Singapore and Malaysia.
