Does Fed gov’t endorse PETRONAS’ legal challenge against Sarawak gov’t? PBB Youth questions

Azalina (right), on the left is PBB logo.

By DayakDaily Team

KUCHING, Jan 27:  Parti Pesaka Bumiputera Bersatu (PBB) Youth questions if the Federal government endorses Petrolium Nasional Berhad’s (PETRONAS) legal challenge against the Sarawak government.

Following the above questions, PBB Youth posed two additional queries.  The first one being — If Prime Minister Dato’ Sri Anwar Ibrahim has already recognised Sarawak’s rights and PETROS’ role as gas aggregator, why does PETRONAS still need to launch a legal challenge? Does Anwar’s acknowledgement not carry weight?

The next being — Can Putrajaya guarantee that an amicable resolution i.e. continuous engagement and consultation remains the preferred course in future disputes over Sarawak’s oil and gas rights as opposed to court actions?

The three questions were raised in a press release by PBB Youth, in a response to the statement of Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman who was of the view that the Malaysia Agreement 1963 (MA63) grants Sabah and Sarawak broader autonomy as founding partners of Malaysia but does not contain any provisions governing the ownership, management or regulation of oil and gas resources. 

PBB Youth sought clarity and answer to the three questions posed.

“We regret that the minister holds such a narrow view on MA63, a founding agreement to mere text while ignoring its context, purpose and constitutional significance. The phrase ‘don’t miss the forest for the trees’ certainly comes to mind.

“MA63 is the document through which Malaysia was formed, bringing together Sarawak, Sabah (then North Borneo), Singapore and Malaya as equal partners in the Federation.

“The absence of express provisions on oil and gas in MA63 does not mean Sarawak’s laws and the constitutional framework on land and natural resources can be ignored,” said PBB Youth.

They further pointed out that Sarawak’s Oil Mining Ordinance 1958 (OMO58) remains in force and has never been repealed by the Sarawak Legislature. 

To them, OMO58 which was enacted prior to Malaysia’s formation, continues to regulate oil and gas activities in Sarawak and is constitutionally protected.

“To dismiss MA63 through a purely literal lens is to disregard Sarawak’s existing laws and constitutional rights. 

“Such an approach undermines the spirit of MA63 and distorts the balance of federal-state relations,” said PBB Youth. —DayakDaily