Interpretation of petroleum laws must align with MA63 and Federal Constitution, says activist

Peter John Jaban

By DayakDaily Team

KUCHING, Feb 23: Sarawak activist Peter John Jaban has called for the interpretation of petroleum-related laws to be consistent with the Malaysia Agreement 1963 (MA63) and the Federal Constitution, in light of Sarawak’s decision to seek constitutional clarification from the Federal Court of Malaysia on the applicability of federal petroleum laws in the State.

He said the petition must be viewed within the broader historical framework of MA63, which forms the foundation of Sarawak’s position within Malaysia.

“Any interpretation of petroleum-related legislation must be consistent with both the letter and spirit of MA63 and the Federal Constitution. The safeguards and autonomy envisaged at the formation of Malaysia must not be diminished by ambiguity,” he said in a statement today.

He noted that for decades, questions surrounding the Petroleum Development Act 1974 (PDA74) and the role of Petroliam Nasional Berhad (PETRONAS) in relation to Sarawak’s oil and gas resources have remained matters of legal and public debate.

“Bringing these issues before the apex court demonstrates confidence in Malaysia’s constitutional institutions and ensures that the judiciary — not political rhetoric — determines the law,” he added.

He also highlighted that legal certainty would bring economic clarity, as investors require stability while policymakers need clearly defined jurisdiction.

“Most importantly, the rakyat (people) deserve assurance that revenues derived from Sarawak’s natural wealth will be managed equitably and channelled towards food security, infrastructure, education, healthcare, rural connectivity and long-term development,” he pointed out.

Peter John further urged Sarawakians to remain united in wisdom and dignity, stressing that the management of the State’s resources must be fair, lawful and transparent in accordance with the Federal Constitution and MA63.

He also expressed confidence that the Federal Court would interpret the Constitution independently and fairly.

Earlier, the Sarawak government announced that it filed a petition in the Federal Court today to challenge the applicability of key federal laws — namely the Petroleum Development Act 1974 (PDA74), the Continental Shelf Act 1966 (CSA66), and the Petroleum Mining Act 1966 (PMA66) — which it says infringe on the State’s rights over offshore oil and gas.

Deputy Minister in the Sarawak Premier’s Department (Law, Malaysia Agreement 1963 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali said the move follows PETRONAS’ action on Jan 10, when it filed an application seeking leave to approach the Federal Court to challenge the validity of several State laws, reportedly to obtain judicial clarity on regulations governing its petroleum operations, business, and other activities in Sarawak. — DayakDaily