SUPP backs Sarawak’s bid for constitutional clarity

MIRI (Feb 24): The Sarawak United People’s Party (SUPP) has given its full support to the Gabungan Parti Sarawak (GPS)-led government’s decision to petition the Federal Court for constitutional clarity over disputed state legislations, describing the move as a defence of the federal compact rather than an act of confrontation.

In a statement, SUPP secretary-general Datuk Sebastian Ting said the petition was “a constitutional reckoning long overdue” and rejected claims that it signalled hostility towards the federal government.

Sarawak on Monday filed the petition to determine the constitutional validity and continued applicability of the Petroleum Development Act 1974, the Continental Shelf Act 1966, and the Petroleum Mining Act 1966, insofar as they affect the state.

Ting, who is Piasau assemblyman, said seeking a determination under Articles 4 and 128 of the Federal Constitution was an assertion of constitutional order, noting that the Federal Court serves as the guardian of the Constitution.

“If constitutional doubt exists, it must be resolved judicially—not politically, not administratively, and not by assumption,” he said.

He said SUPP’s position is grounded in the historical foundation of Malaysia’s formation in 1963, stressing that Sarawak did not join an existing nation as a subordinate territory.

Ting noted that Sarawak, together with Sabah, Singapore and the Federation of Malaya, formed Malaysia under the Malaysia Agreement 1963 (MA63), the Inter-Governmental Committee Report and the Federal Constitution.

“MA63 is not a historical footnote. It is the foundational federal compact.”

He maintained that defending MA63 is neither anti-national nor divisive, arguing instead that protecting Sarawak’s rights strengthens, rather than weakens, the federation.

On petroleum resources, Ting said sovereign rights within Sarawak’s territory belonged to the state on Malaysia Day, adding that any federal law seeking to permanently centralise or override those rights must withstand strict constitutional scrutiny.

He also raised concerns over the extension and continued operation of certain federal laws introduced during the 1969 Emergency, despite the Emergency being annulled in 2011, describing this as raising serious constitutional questions.

“Emergency powers were never meant to permanently alter the federal equilibrium agreed in 1963,” he said.

He acknowledged that the GPS-led government has consistently engaged the federal government in good faith and constructive dialogue, but stressed that such engagement does not require silence when foundational constitutional rights are at stake.

He said the petition ultimately seeks to restore constitutional certainty, reaffirm MA63 as the bedrock of Malaysia, and ensure that Sarawak’s jurisdiction, resources and dignity are governed according to the terms upon the federation was formed.