Nothing in MA63 allows federal takeover of Sarawak’s oil, land and resources

Dato Peter Minos

By DayakDaily Team

KUCHING, Jan 28: There is nothing in the Malaysia Agreement 1963 (MA63) that allows the federal government to pass a law in Parliament to take over Sarawak’s oil and gas, land, forests, minerals or any other natural resources.

Stressing this, political pundit Dato Peter Minos described any such claim as fundamentally flawed, given that the Malaysia Agreement 1963 (MA63), an agreement and international treaty endorsed by the United Nations, clearly set out the foundation upon which Malaysia was formed, including the respective powers of the federal and State governments.

“Malaysia was created through MA63, and only after that came the Federal Constitution and subsequent laws, rules and regulations.

“MA63 determined from day one how Malaysia is to be governed, including control over resources,” he said in a statement today.

He argued that if claims made in Parliament by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said were correct, it would imply that the federal government could legislate laws to take over not only Sarawak’s oil and gas but also its land, forests, minerals and all other natural resources.

“This was never the intention when Malaysia was formed in 1963,” Minos said.

He further questioned the validity of the Petroleum Development Act 1974 (PDA74), arguing that it did not obtain approval from the Sarawak Legislative Assembly (DUS) as required under the Sarawak Constitution.

“Without such approval, PDA74 is defective and not enforceable in Sarawak,” he said.

Minos maintained that the Oil Mining Ordinance 1958 (OMO58), a subsisting Sarawak law, remains the governing law over oil and gas resources in the State, not PDA74.

“This position is impliedly determined by MA63 and supported by Article 62 of the Federal Constitution,” he added.

He also said Azalina, as a legally trained minister, ought to be fully aware of the basic legal framework governing Malaysia.

In light of the minister’s statement, Minos said Sarawak would have no choice but to resist any attempt to encroach upon its rights.

“Sarawak must defend its natural resources and will rely on MA63, the Federal Constitution and OMO58,” he said, adding that the matter ultimately rests on adherence to the rule of law.

Yesterday, Azalina stated that the MA63 grants Sabah and Sarawak broader autonomy as founding partnes of Malaysia but does not contain any provisions governing the ownership, management or regulation of oil and gas resources. – DayakDaily