PDA 1974 enacted without Sarawak’s consent, should not override MA63 — former senator

Jaziri Alkaf Abdillah Suffian (file photo)

By DayakDaily Team

KUCHING, Jan 29: The Petroleum Development Act 1974 (PDA 1974), which vested full ownership and control of Malaysia’s petroleum resources in Petroliam Nasional Berhad (PETRONAS), was enacted without Sarawak’s full and free consent and should not override the principles of autonomy enshrined in the Malaysia Agreement 1963 (MA63), former Malaysian senator Jaziri Alkaf Abdillah Suffian said.

Commenting on recent clarification in Parliament by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said that MA63 does not explicitly address the ownership or regulation of oil and gas resources, Jaziri said the absence of specific petroleum provisions must not be interpreted as a surrender of Sarawak’s economic rights.

He stressed that MA63 was never intended to function as a technical checklist of rights, but as a foundational document designed to safeguard the autonomy and distinct position of Sarawak and Sabah within the Malaysian federation.

“The omission of oil and gas in MA63 should be understood in the broader spirit of the Agreement, not as a justification to centralise control over Sarawak’s natural resources,” he said in a statement.

Jaziri pointed out that the PDA 1974 was introduced more than a decade after the formation of Malaysia, raising serious constitutional and ethical questions over whether later federal legislation should supersede the original principles agreed upon at the federation’s inception.

“From both a constitutional and moral standpoint, it is questionable whether an Act passed subsequently, and without Sarawak’s full consent, can override the autonomy guaranteed under MA63,” he said.

He emphasised that for Sarawak, the management of natural resources is not merely an economic concern but a fundamental aspect of its autonomy and identity within Malaysia.

Jaziri noted that despite Sarawak’s decades-long contribution to the nation’s oil and gas revenues, developmental disparities between regions remain evident, underscoring the need for a fairer distribution of resource wealth.

“Genuine federalism can only be achieved when all partners are treated equitably and their contributions recognised,” he said, adding that resource governance must reflect the original promises made during Malaysia’s formation.

He also said Sarawak’s push for greater control over its oil and gas resources should not be viewed as defiance of federal authority, but as a legitimate call for justice and equity.

The establishment of Petroleum Sarawak Berhad (Petros), he added, reflects the state’s determination to reclaim its rightful role in resource management and is consistent with the spirit of MA63.

Jaziri called for reconciliation and constructive dialogue between the federal and state governments, stressing that recognising Sarawak’s rights over oil and gas resources would strengthen national unity rather than weaken it.

“Honouring MA63 today means respecting partnership, trust and autonomy. For Sarawakians, this issue is not just about economics — it is about respect, justice and the integrity of the Malaysian federation,” he said. — DayakDaily